[Download] "State v. Mcwhorter" by In the Court of Appeals of the State of New Mexico # Book PDF Kindle ePub Free
eBook details
- Title: State v. Mcwhorter
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 30, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
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 (by manufacturing), NMSA 1978, 30-31-20(A)(1) (1990). Defendants conviction resulted from her arrest for shoplifting medications containing ephedrine. Defendant intended to sell the medications so that the ephedrine could be used to manufacture methamphetamine. On appeal, Defendant argues that (1) she should have been charged with possession of drug paraphernalia, instead of attempt to commit trafficking (by manufacturing) because ephedrine meets the definition of drug paraphernalia as defined by NMSA 1978, 30-31-2(V) (2002), and (2) the general/specific rule is applicable under the facts of this case. We disagree and affirm.
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