View Summary
STATE of New Mexico, Plaintiff-Appellee,
vs.
Willie YANEZ, Defendant-Appellant
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Issues:
Drugs, morphine, evidence, reasonable suspicion.
Case Summary:
Willie Yanez appeals his narcotics possession conviction. Investigators arrested Yanez after observing him "score" morphine. Investigators later confirmed Yanez purchased two hypodermic needles at a local drug store. Investigators discovered several needle marks on Yanez's arm, and a post-arrest drug test produced a positive result for morphine.
Decision of lower jurisdiction:
A trial court found Yanez guilty of possession of morphine. Yanez now appeals.
Outcome:
Yanez loses. The New Mexico Court of Appeals affirmed the lower court's ruling. The appeals court rejected Yanez' argument that he should have been charged with the "use" of morphine, not possession. The appeals court ruled ample "circumstantial" evidence supported the state's possession charge.