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STATE v. FIECHTER

No. 1655.

540 P.2d 1326 (1975)

88 N.M. 437

STATE of New Mexico, Plaintiff-Appellee, v. James Otis FIECHTER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted July 2, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Donald Klein, Jr., Associate Appellate Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., David Metz McArthur, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

The defendant was convicted of unlawfully possessing over eight ounces of marijuana contrary to § 54-11-23, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, Supp. 1973). We reverse and dismiss.

It is uncontested that the defendant had been enrolled in a methadone maintenance program in Taos, New Mexico. The program was closed and defendant was brought off the methadone rapidly. He moved from Taos to Albuquerque, where he found that...

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