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STATE v. LOPEZ

No. 14950.

669 P.2d 1086 (1983)

100 N.M. 291

STATE of New Mexico, Petitioner, v. Gerard LOPEZ, Respondent.

Supreme Court of New Mexico.

Rehearing Denied September 28, 1983.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for petitioner.

Janet Clow, Chief Public Defender, William P. Slatter, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

RIORDAN, Justice.

Gerard Lopez (Lopez) was indicted on one count of attempting to traffic in a controlled substance, or in the alternative, on one count of fraud. Lopez filed a motion to dismiss the attempt count on the basis that the doctrine of impossibility barred prosecution. For purposes of the hearing on the motion to dismiss, the parties stipulated that the substance was neither cocaine nor any other controlled substance. The trial court granted...

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