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STATE v. SERNA

No. 33,021.

305 P.3d 936 (2013)

2013-NMSC-033

STATE of New Mexico, Plaintiff-Appellee, v. Hector Flores SERNA, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

June 27, 2013.

Attorney(s) appearing for the Case

Bennett J. Baur , Acting Chief Public Defender, William A. O'Connell , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Gary K. King , Attorney General, Yvonne Marie Chicoine , Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

BOSSON, Justice.

{¶ 1} In a prosecution for trafficking imitation controlled substances — in this case baking soda packaged to look like cocaine — the New Mexico Imitation Controlled Substances Act allows the jury to consider evidence of any prior criminal convictions of the accused "related to controlled substances or fraud." See NMSA 1978, § 30-31A-2(D)(5) (1983). On the other hand, our Rules of Evidence...

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