[Download] "State v. Maldonado" by In the Court of Appeals of the State of New Mexico # Book PDF Kindle ePub Free
eBook details
- Title: State v. Maldonado
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 20, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Certiorari Granted, No. 29,206, June 6, 2005 OPINION PROCEDURAL HISTORY {1} Defendant was charged by grand jury indictment with conspiracy to commit trafficking in methamphetamine by manufacturing, contrary to NMSA 1978, §§ 30-28-2 (1979) and 30-31-20(A)(1) (1990); or alternatively, with attempted trafficking in methamphetamine by manufacturing, contrary to NMSA 1978, § 30-28-1 (1963) and Section 30-31-20(A)(1). Defendant filed a motion to quash the indictment, arguing, inter alia, that the Legislature intended the conduct charged in the indictment to be punished as either possession of drug paraphernalia pursuant to NMSA 1978, § 30-31-25.1 (2001) or as possession of drug precursors pursuant to NMSA 1978, § 30-31B-12(A) (2004). Defendant ultimately abandoned the argument based on the drug precursor statute. The district court denied Defendant's motion to quash the conspiracy count, concluding that tablets containing pseudoephedrine are not drug paraphernalia. The district court granted Defendant's motion to quash the attempted trafficking count, reasoning that Defendant's actions were ""mere preparatory acts and not an overt act in furtherance of the crime alleged."" {2} The case proceeded to trial on the conspiracy count. Testimony by the State's witnesses established that on July 27, 2001, a private security officer at a Wal-Mart store in Las Cruces, New Mexico, observed Defendant concealing in his trousers the contents of four boxes of medicine, each containing 96 non-prescription pseudoephedrine tablets in blister packaging. Defendant purchased an additional box of tablets. When Defendant left the store without paying for the four concealed boxes of tablets, the security officer detained Defendant and called the police. Mark Sanchez, a Dona Ana County deputy sheriff assigned to the Las Cruces/Dona Ana County Metro Narcotics division, responded. Agent Sanchez advised Defendant of his Miranda rights. Defendant agreed to talk with Agent Sanchez.