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STATE v. ALMEIDA

No. 26,567.

185 P.3d 1085 (2008)

2008-NMCA-068

STATE of New Mexico, Plaintiff-Appellee, v. Rafael ALMEIDA, Defendant-Appellant.

Court of Appeals of New Mexico.

March 28, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} Defendant appeals his convictions for possession of methamphetamine, contrary to NMSA 1978, § 30-31-23(D) (1990) (amended 2005), and for possession of drug paraphernalia, contrary to NMSA 1978, § 30-31-25.1 (2001). He argues that his two convictions violate double jeopardy. We agree, reverse the trial court, and remand with instruction to vacate the paraphernalia conviction.

I. BACKGROUND...

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