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STATE v. SANTILLANES

No. 13470.

632 P.2d 354 (1981)

96 N.M. 477

STATE of New Mexico, Petitioner, v. Frank SANTILLANES, Respondent.

Supreme Court of New Mexico.

June 29, 1981.

Attorney(s) appearing for the Case

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

Martha A. Daly, Appellate Defender, Lynne Corr, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

EASLEY, Chief Justice.

Santillanes pled guilty to three counts of trafficking in heroin, after the trial judge sustained a defense motion to strike "the enhancement penalty (if any)" with prejudice. The State appealed; the Court of Appeals reversed. We granted certiorari and certified the case back to the Court of Appeals, which affirmed the trial court's decision. Application for certiorari was again made and granted, and we now reverse.

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