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STATE v. ALDERETE

No. 1793.

538 P.2d 422 (1975)

88 N.M. 150

STATE of New Mexico, Plaintiff-Appellant, v. Gilbert A. ALDERETE, Defendant-Appellee.

Court of Appeals of New Mexico.

July 2, 1975.

Attorney(s) appearing for the Case

James L. Brandenburg, Dist. Atty., Joseph P. Paone, Asst. Dist. Atty., Albuquerque, for plaintiff-appellant.

Louis G. Stewart, Jr., Albuquerque, for defendant-appellee.

OPINION

WOOD, Chief Judge.

A supplemental information charged defendant with three prior convictions for unlawful possession of heroin. The State sought enhancement of the sentence for the third conviction under the habitual offender statute. Section 40A:29-5, N.M.S.A. 1953 (2d Repl.Vol. 6). The trial court dismissed the supplemental information. It held:

"... the Legislature, in enacting the Controlled Substances Act and more specifically Section...

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