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STATE v. SANTILLANES

No. 4528.

632 P.2d 359 (1980)

96 N.M. 482

STATE of New Mexico, Plaintiff-Appellant, v. Frank SANTILLANES, Defendant-Appellee.

Court of Appeals of New Mexico.

Opinion on Certification December 16, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Sammy Lawrence Pacheco, Asst. Atty. Gen., Santa Fe, Art Encinias, Asst. Atty. Gen. (Opinion on Certification) Santa Fe, for plaintiff-appellant.

John L. Walker, William D. Teel, Teel & Walker, P.A., Albuquerque, John B. Bigelow, Chief Public Defender, Lynn Corr, Asst. Appellate Defender (Opinion on Certification) Santa Fe, for defendant-appellee.

MEMORANDUM

HENDLEY, Judge.

The State appeals from an order of the district court striking the enhancement clause from the indictment and "the enhancement proceeding is dismissed with prejudice." We proposed summary affirmance of the Court's order on the basis that the notice required under the Controlled Substances Act for enhancement had not been provided to the defendant. § 30-31-20(B), N.M.S.A. 1978; State v. Rhodes, 76 N.M...

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