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STATE v. McWHORTER

No. 24,852.

124 P.3d 215 (2005)

138 N.M. 580

2005-NMCA-133

STATE of New Mexico, Plaintiff-Appellee, v. Darcy Sue McWHORTER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 14, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Steven S. Suttle, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Susan Roth, Assistant Appellate Defendant, Santa Fe, NM, for Appellant.

Certiorari Denied, No. 29,496, November 14, 2005.

OPINION

PICKARD, Judge.

{1} Defendant appeals her conviction of attempt to commit trafficking (by manufacturing). Defendant was convicted after entering a conditional guilty plea, reserving the right to appeal whether the general/specific rule required the State to charge Defendant with possession of drug paraphernalia, NMSA 1978, § 30-31-25.1(B) (2001), rather than attempt to commit trafficking...

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