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STATE v. ESPARZA

Nos. 22,744, 23,118, 22,582.

70 P.3d 762 (2003)

133 N.M. 772

2003-NMCA-075

STATE of New Mexico, Plaintiff-Appellee, v. Erasmo ESPARZA, Defendant-Appellant. State of New Mexico, Plaintiff-Appellee, v. Darren Booth, Defendant-Appellant. State of New Mexico, Plaintiff-Appellant, v. Evan L. Reed, Defendant-Appellee. State of New Mexico, ex rel. The Department of Public Safety, State Police Division, Plaintiff-Appellant, v. One 1978 Lincoln Continental Blue Bearing NM License CTJ353, VIN: 8689S907703, and $2,955.94 U.S. Currency, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 20, 2003 and June 4, 2003.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Jacqueline R. Medina, Assistant Attorney General, Santa Fe, NM, for Appellee in No. 22,744.

C. Barry Crutchfield, Templeman and Crutchfield, Lovington, NM, for Appellant in No. 22,744.

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee in No. 23,118.

John B. Bigelow, Chief Public Defender, Theresa M. Duncan, Assistant Appellate Defender, Santa Fe, NM, for Appellant in No. 23,118.

Patricia A. Madrid, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellant in No. 22,582.

Jesse R. Cosby, P.C., Roswell, N.M., for Appellee in No. 22,582.

Certiorari Denied, No. 27,985, May 20, 2003 and No. 28,001, June 4, 2003.

OPINION

WECHSLER, Chief Judge.

{1} Defendants Esparza, Booth, and Reed were charged with violations of the Controlled Substances Act (the Act), NMSA 1978, §§ 30-31-1 to -41 (1972, as amended through 2002). Pursuant to Section 30-31-34 of the Act, the State elected to pursue both criminal charges and civil forfeiture against each Defendant. We consolidated these...

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