Court of Appeals of New Mexico
Decision Information
State v. Sisneros - cited by 94 documents
State v. Tapia - cited by 57 documents
State v. Williams - cited by 157 documents
Decision Content
STATE V. ARAGON, 1972-NMCA-129, 84 N.M. 254, 501 P.2d 698 (Ct. App. 1972)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
RAYMOND JAMES ARAGON, Defendant-Appellant.
No. 920
COURT OF APPEALS OF NEW MEXICO
1972-NMCA-129, 84 N.M. 254, 501 P.2d 698
September 15, 1972
Appeal from the District Court of Bernalillo County, Maloney, Judge
COUNSEL
GEORGE H. PEREZ, Albuquerque, New Mexico, Attorney for Appellant.
DAVID L. NORVELL, Attorney General, RONALD VAN AMBERG, Assistant Attorney General, Santa Fe, New Mexico, Attorneys for Appellee.
JUDGES
SUTIN, Judge, wrote the opinion.
WE CONCUR:
William R. Hendley, J., Ray C. Cowan, J.
OPINION
{*255} SUTIN, Judge.
{1} Defendant was convicted and sentenced for fraudulent use of a credit card. Section 40A-16-33, N.M.S.A. 1953 (Repl. Vol. 6, Supp. 1971). Defendant appeals.
{2} We affirm.
{3} Defendant contends the trial court erred in admitting into evidence certain items seized from defendant's automobile during an illegal search and seizure, to wit: a wallet, a Selective Service card, a Shell credit card, and a copy of a charge ticket.
{4} The issue of illegal search and seizure was not presented to the trial court and cannot be raised for the first time on appeal. Neither is it fundamental error. State v. Sisneros, 79 N.M. 600, 446 P.2d 875 (1968); State v. Tapia, 79 N.M. 344, 443 P.2d 514 (Ct. App. 1968); State v. Williams, 83 N.M. 477, 493 P.2d 962 (Ct. App. 1972).
{5} AFFIRMED.
{6} IT IS SO ORDERED.
WE CONCUR:
William R. Hendley, J., Ray C. Cowan, J.