New Mexico v. Serna
Annotate this CaseDefendant was convicted for trafficking an imitation controlled substance (here, baking soda packaged to look like cocaine). The issue on appeal to the Supreme Court had to reconcile the application of the state Imitation Controlled Substances Act (which allowed a jury to consider prior convictions related to controlled substances or fraud), and the Rules of Evidence, which restrict the use of prior bad acts (including criminal convictions). To avoid a conflict, the Court held that any evidence of prior convictions referred to by the statute must also be admissible under the rules of evidence. In this case, Defendant's prior convictions did not satisfy Rule 404(B), and therefore their admission into evidence was made in error. The Court found the admission harmless, however, and affirmed Defendant's convictions. The case was remanded to correct a sentencing error.
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