Court of Appeals of New Mexico
Decision Information
State v. Ford - cited by 167 documents
State v. Gunthorpe - cited by 132 documents
State v. Harrison - cited by 167 documents
State v. Sedillo - cited by 22 documents
Decision Content
STATE V. COLVIN, 1971-NMCA-006, 82 N.M. 287, 480 P.2d 401 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
DAVID LEE COLVIN, Defendant-Appellant
No. 546
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-006, 82 N.M. 287, 480 P.2d 401
January 22, 1971
APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, NASH, Judge
COUNSEL
JAMES A. MALONEY, Attorney General, THOMAS L. DUNIGAN, Assistant Attorney General, Santa Fe, New Mexico, Attorneys for Appellee.
DEWIE B. LEACH, Hobbs, New Mexico, Attorney for Appellant.
JUDGES
WOOD, Judge, wrote the opinion.
WE CONCUR:
Waldo Spiess C.J., William R. Hendley, J.
OPINION
WOOD, Judge.
{1} Defendant pled guilty. His plea was accepted. He was sentenced. He appeals. He claims his sentence is illegal and his guilty plea should be set aside because of an alleged search of and seizure of items from premises occupied by a codefendant.
{2} We do not go outside the record. There is nothing in the record before us on which to base defendant's allegation. Thus, there is nothing for us to consider. State v. Ford, 81 N.M. 556, 469 P.2d 535 (Ct. App. 1970); State v. Gunthorpe, 81 N.M. 515, 469 P.2d 160 (Ct. App. 1970).
{3} Further, the allegation made in this appeal was never raised to nor ruled on by the trial court. Defendant seeks to raise the alleged search and seizure issue for the first time in this court. He may not do so. State v. Ford, supra: State v. Harrison, 81 N.M. 324, 466 P.2d 890 (Ct. App. 1970).
{4} The judgment and sentence are affirmed.
{5} IT IS SO ORDERED.
WE CONCUR:
Waldo Spiess C.J., William R. Hendley J.