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State v. One 1990 Chevrolet Pickup6/1/1993
d for the purpose of sale, we must construe any ambiguity in the statutory scheme against the State. See (forfeiture statutes must be strictly construed against forfeiture). Thus, we hold that Section 30-31-34(D) permits forfeiture only when the controlled substances in question are possessed for the purpose of sale.
We reject the State's and the City's argument that the legislature specifically intended to allow forfeiture in all instances where a felony drug crime is involved because it also enacted NMSA 1978, Section 30-31-34(G)(3) (Repl.Pamp.1989), which disallows forfeiture in those instances where a misdemeanor crime occurs. We construe Sections 30-31-34(D) and 30-31-34(G)(3) together as providing for forfeiture in those trafficking and distribution cases where the crime involved constitutes a felony, and conclude that the purpose of Section 30-31-34(G)(3) is to exclude misdemeanor drug trafficking offenses. We make this interpretation because certain trafficking/distribution offenses contained within the Controlled Substances Act are punishable as misdemeanors. See e.g., NMSA 1978, § 30-31-22(B)(2) (Repl.Pamp.1989) (possession with intent to distribute a counterfeit substance listed in Schedule V is a petty misdemeanor).
Insofar as the City suggests that the UCSA cannot be relied on for guidance, and that the comment accompanying the UCSA is of no assistance because New Mexico did not adopt the comment, we reject that argument. This Court has often looked to uniform acts and the commentaries explaining those acts for guidance in interpreting New Mexico law. Most recently, we relied on comments accompanying the Uniform Probate Code to determine the meaning of certain provisions of the New Mexico Probate Code. See. The City cites no authority prohibiting this Court from looking to uniform acts for guidance in interpreting the meaning of legislation, nor have we found any such authority.
Finally, insofar as the City and the State suggest that the principles of , require that this Court be bound by the holding of State v. Stevens, we disagree. As we have stated, the statute interpreted in Stevens is no longer in effect; thus, Stevens is not controlling precedent and we are not required to follow its holding. Alexander v. Delgado.
In the Chevrolet Truck cases, we do not reach the issue of whether the trial court properly granted Spencer's motion to transfer possession of the vehicle pending appeal because the issue is moot in that Spencer will have possession of his vehicle when mandate issues from this appeal. See generally ) (appellate court will not decide moot issues). Similarly, we need not reach Ortega's issue of whether the forfeiture statute is unconstitutionally vague, given that we reverse the trial court's order of forfeiture.
The order of the Santa Fe County District Court denying forfeiture is affirmed. The order of the Luna County District Court granting forfeiture is reversed.
IT IS SO ORDERED.
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