State v. Aragon

New Mexico Court of Appeals

State v. Aragon

501 P.2d 698, 84 N.M. 254

CourtNew Mexico Court of Appeals

DecidedSeptember 15, 1972

DocketNo. 920

StatusPublished

This text of 501 P.2d 698 (State v. Aragon) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Aragon, 501 P.2d 698, 84 N.M. 254 (N.M. Ct. App. 1972).

Pincite

Opinion

OPINION

SUTIN, Judge.

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.

We affirm.

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.

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).

Affirmed.

It is so ordered.

HENDLEY and COWAN, JJ., concur.

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