(Download) "State v. Medina" by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State v. Medina
- Author : New Mexico Court of Appeals
- Release Date : January 02, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Defendant was convicted in the District Court of "distribution of a small amount of marijuana for no remuneration." Section 54-11-22(C), N.M.S.A. 1953, (Repl. Vol. 8, pt. 2, Supp.1973). He had been previously convicted in Magistrate Court of illegal possession of marijuana of less than one ounce. Section 54-11-23, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, Supp.1973). Both charges grew out of the same events; the two criminal prosecutions were instituted at the same time and have consecutive criminal complaint numbers. The dispositive issue is whether the distributing conviction is barred by the constitutional prohibition against double jeopardy. N.M. Const., Art. II, § 15. This issue has two questions: 1. Is possession of marijuana a lesser offense included within the offense of distributing marijuana? 2. Does the prohibition against double jeopardy bar prosecution of a greater offense after a prior conviction for a lesser offense included within the greater? Our answer is "Yes" to both questions.