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MONTOYA v. O'TOOLE

No. 12577.

610 P.2d 190 (1980)

94 N.M. 303

Alex MONTOYA, Petitioner-Appellant, v. The Hon. James M. O'TOOLE, Magistrate Judge of the Bernalillo District, Division II, Respondent-Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 15, 1980.

Attorney(s) appearing for the Case

John L. Walker, Albuquerque, for petitioner-appellant.

Jeff Bingaman, Atty. Gen., James L. Blackmer, Asst. Atty. Gen., Jose L. Martinez, Albuquerque, for respondent-appellee.

OPINION

PAYNE, Justice.

Alex Montoya was charged in magistrate court with a violation of the Controlled Substances Act for possession of a controlled substance, diazepam, commonly known as valium.

Montoya filed a motion to dismiss, alleging an unlawful delegation of power under the New Mexico Constitution and a violation of the notice requirement under the due process clause of the United States Constitution. The motion was denied. Montoya then filed...

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