State v. Yanez, No. 2567
| Docket Nº | No. 2567 |
| Citation | 1976 NMCA 73, 89 N.M. 397, 553 P.2d 252 |
| Case Date | August 03, 1976 |
| Court | Court of Appeals of New Mexico |
Page 252
v.
Willie YANEZ, Defendant-Appellant.
[89 NM 397] Jan A. Hartke, Acting Chief Public Defender, Bruce L. Herr, Appellate Defender, Reginald J. Storment, Asst. Appellate Defender, Santa Fe, for defendant-appellant.
Toney Anaya, Atty. Gen., Raymond Hamilton, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.
WOOD, Chief Judge.
Convicted of possession of morphine contrary to § 54--11--23(A), N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp.1975) defendant appeals. The appeal was assigned to the legal calendar on the basis of the facts set forth in the docketing statement. Only two of the issues stated in the docketing statement are argued. See Novak v. Dow, 82 N.M. 30, 474 P.2d 712 (Ct.App.1970). The two issues presented for decision involve: (1) judicial notice, and (2) possession versus use.
The following facts are those set forth in the docketing statement. Agent Moore observed what he suspected was a 'score' between defendant and another. After 'scoring', defendant went to a drug store and purchased two hypodermic needles. Agent Dunlap interviewed the druggist and notified Agent Moore that the defendant purchased the two hypodermic needles. Agent Dunlap followed the defendant to a service station where the defendant and another entered the restroom. Agent Moore joined Agent Dunlap and an on-the-spot inspection of the restroom disclosed one hypodermic needle that may have been used. Furthermore, Agent Moore saw what he suspected to be fresh needle marks on the defendant's arm.
The defendant was arrested on a charge of possession of heroin. He was transported to Memorial General Hospital where catheterization was used to obtain a urine sample. That sample was positive for morphine.
Judicial Notice
Section 54--11--23(A), supra, is concerned with the possession of a controlled substance. Controlled substances are set forth in five schedules in the statutes. See §§ 54--11--5 through 54--11--10, N.M.S.A.1953[89 NM 398]
Page 253
(Repl.Vol. 8, pt. 2, Supp.1975). Schedule I lists various opium derivatives including but not limited to desomorphine, morphine--N--oxide, nicomorphine, normorphine. morphine-N-oxide, nicomorphine, normorphine.The word 'morphine' does not appear in the schedules. There was no proof that 'morphine' was included within any of the items listed in the various schedules.
Schedule II...
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State v. McCoy, Nos. 13575
...knowledge or intent to possess cocaine. As the parties' briefs suggest, the starting point for Defendants' argument is State v. Yanez, 89 N.M. 397, 553 P.2d 252 (Ct.App.1976). In Yanez, the defendant was convicted of possession of morphine, largely on the basis of a positive urine test. The......
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Com. v. Green, No. 89-P-233
...v. Robinson, 14 Ill.2d 325, 330, 153 N.E.2d 65 (1958) (heroin, even when found in a compound, is a derivative of opium); State v. Yanez, 89 N.M. 397, 398, 553 P.2d 252 (1976) (morphine is an opium derivative); People v. Vaughn, 35 A.D.2d 889, 889, 315 N.Y.S.2d 771 (1970) (cocaine is a narco......
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State v. Lewis, No. C1-86-280
...overdosed on an intravenous injection of heroin were sufficient evidence to support a conviction for heroin possession); State v. Yanez, 89 N.M. 397, 553 P.2d 252 (Ct.App.1976) (conviction was based on an analysis of a urine sample showing presence of morphine, police surveillance of the de......
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State v. Valdez, No. 31,164.
...City of Aztec v. Gurule, 2010–NMSC–006, ¶ 9, 147 N.M. 693, 228 P.3d 477 (taking judicial notice of a municipal ordinance); State v. Yanez, 89 N.M. 397, 398, 553 P.2d 252, 253 (Ct.App.1976) (taking judicial notice of the fact that morphine is an opium derivative). While we decline to take ju......
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State v. McCoy, Nos. 13575
...knowledge or intent to possess cocaine. As the parties' briefs suggest, the starting point for Defendants' argument is State v. Yanez, 89 N.M. 397, 553 P.2d 252 (Ct.App.1976). In Yanez, the defendant was convicted of possession of morphine, largely on the basis of a positive urine test. The......
-
Com. v. Green, No. 89-P-233
...v. Robinson, 14 Ill.2d 325, 330, 153 N.E.2d 65 (1958) (heroin, even when found in a compound, is a derivative of opium); State v. Yanez, 89 N.M. 397, 398, 553 P.2d 252 (1976) (morphine is an opium derivative); People v. Vaughn, 35 A.D.2d 889, 889, 315 N.Y.S.2d 771 (1970) (cocaine is a narco......
-
State v. Lewis, No. C1-86-280
...overdosed on an intravenous injection of heroin were sufficient evidence to support a conviction for heroin possession); State v. Yanez, 89 N.M. 397, 553 P.2d 252 (Ct.App.1976) (conviction was based on an analysis of a urine sample showing presence of morphine, police surveillance of the de......
-
State v. Valdez, No. 31,164.
...City of Aztec v. Gurule, 2010–NMSC–006, ¶ 9, 147 N.M. 693, 228 P.3d 477 (taking judicial notice of a municipal ordinance); State v. Yanez, 89 N.M. 397, 398, 553 P.2d 252, 253 (Ct.App.1976) (taking judicial notice of the fact that morphine is an opium derivative). While we decline to take ju......