(Download) "State V. Santillanes" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Santillanes
- Author : New Mexico Court of Appeals
- Release Date : January 16, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The State appeals from an order of the district court striking the enhancement clause from the indictment and "the enhancement proceeding is dismissed with prejudice." We proposed summary affirmance of the Court's order on the basis that the notice required under the Controlled Substances Act for enhancement had not been provided to the defendant. § 30-31-20(B), N.M.S.A. 1978; State v. Rhodes, 76 N.M. 177, 413 P.2d 214 (1966); State v. Garduno, 93 N.M. 335, 600 P.2d 281 (1979). Except for the assertion of State's counsel that oral notice was given the defendant, there is no indication in the record that notice was given by "some pleading filed by the State, whether by motion or otherwise" that enhancement would be sought. On its face, the indictment provides no such notice. Compare State v. Garduno, supra.
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