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STATE v. PINSON

No. 15579.

895 P.2d 274 (1995)

119 N.M. 752

STATE of New Mexico, Plaintiff-Appellee, v. Johnny PINSON, Defendant-Appellant.

Court of Appeals of New Mexico.

April 19, 1995.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Katherine Zinn, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Sammy J. Quintana, Chief Public Defender, Santa Fe, Kari Converse, Asst. Appellate Defender, Albuquerque, for defendant-appellant.

OPINION

BOSSON, Judge.

Defendant appeals his conviction of criminal solicitation resulting from a failed drug deal. Defendant questions whether an intended purchaser of drugs who is not charged with illegal possession, but who does encourage the crime of trafficking by negotiating for a sale, may be prosecuted instead for criminal solicitation. We hold that he may not, and reverse.

FACTS

Defendant was riding in a car with...

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