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STATE v. SMITH

No. 12816.

610 P.2d 1208 (1980)

94 N.M. 379

STATE of New Mexico, Petitioner, v. Albert Leo SMITH, III, Respondent.

Supreme Court of New Mexico.

May 6, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for petitioner.

Morris Stagner, Albuquerque, for respondent.

OPINION

EASLEY, Justice.

Smith was convicted of four counts of trafficking with intent to distribute narcotic drugs. On appeal, the Court of Appeals found error in the failure to merge the four counts. We granted the State's petition for certiorari and reverse.

At issue is: (1) whether the Court of Appeals used the proper test in determining whether merger of the four counts into one was appropriate; and...

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