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STATE v. SANCHEZ

No. 4263.

603 P.2d 335 (1979)

93 N.M. 596

STATE of New Mexico, Plaintiff-Appellant, v. Reba SANCHEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

October 23, 1979.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Santa Fe, for plaintiff-appellant.

John B. Bigelow, Chief Public Defender, Michael Dickman, Asst. App. Defender, Santa Fe, for defendant-appellee.

OPINION

HENDLEY, Judge.

The defendant was charged in one count of trafficking in Percodan and Valium. At trial defendant moved to dismiss because Percodan and Valium are not listed in the statutory schedules of controlled substances. Additionally, defendant claimed that prosecution under the indictment would be based on unconstitutional legislative delegation to the Board of Pharmacy and, furthermore, that classification by the Board did not give fair notice...

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