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STATE v. LOPEZ

No. 5991.

671 P.2d 653 (1983)

100 N.M. 405

STATE of New Mexico, Plaintiff-Appellant, v. Gerard LOPEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

May 10, 1983.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Janet Clow, Chief Public Defender, Michael Dickman, Appellate Defender, William P. Slattery, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

HENDLEY, Judge.

Defendant was indicted on one count of attempting to traffic in a controlled substance, or in the alternative, one count of fraud. The trial court granted his motion to dismiss the trafficking count and the State appeals.

We affirm.

Defendant received $110.00 from an undercover agent for what he represented was a gram of cocaine. For purposes of the hearing on the motion to dismiss, the parties stipulated that the...

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