State v. Colvin

New Mexico Court of Appeals

State v. Colvin

480 P.2d 401, 82 N.M. 287

CourtNew Mexico Court of Appeals

DecidedJanuary 22, 1971

Docket546

StatusPublished

Cited by6 cases

This text of 480 P.2d 401 (State v. Colvin) 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. Colvin, 480 P.2d 401, 82 N.M. 287 (N.M. Ct. App. 1971).

Pincite

Opinion

OPINION

WOOD, Judge.

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 co-defendant.

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).

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).

The judgment and sentence are affirmed.

It is so ordered.

SPIESS, C. J., and HENDLEY, J., concur.

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