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STATE v. GARCIA

No. 634.

484 P.2d 756 (1971)

82 N.M. 536

STATE of New Mexico, Plaintiff-Appellee, v. Diane GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

April 23, 1971.

Attorney(s) appearing for the Case

Chester A. Hunker, Clovis, for defendant-appellant.

David L. Norvell, Atty. Gen., Santa Fe, John A. Darden, Asst. Atty. Gen., for plaintiff-appellee.

OPINION

WOOD, Judge.

Defendant was prosecuted under § 54-7-14, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, Supp. 1969) for the unlawful sale or delivery of marijuana. This is the general narcotics statute. Defendant contended before the trial court, and asserts here, that the prosecution should have been under § 54-5-14, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2), which is the special statute. We agree. This issue was decided in State v. Riley,

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