State v. Pineda

New Mexico Court of Appeals

State v. Pineda

445 P.2d 749, 79 N.M. 525

CourtNew Mexico Court of Appeals

DecidedSeptember 27, 1968

DocketNo. 231

StatusPublished

Cited by1 cases

This text of 445 P.2d 749 (State v. Pineda) 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. Pineda, 445 P.2d 749, 79 N.M. 525 (N.M. Ct. App. 1968).

Pincite

Opinion

OPINION

WOOD, Judge.

Denied post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1967), defendant appeals. He contends that evidence was erroneously admitted at his trial because seized without a valid search warrant. The circumstances of this asserted illegal seizure were known to defendant at his trial. Accordingly, the question of use of illegally seized evidence is not a cognizable issue under § 21-1-1(93), supra. State v. Barton, 79 N.M. 70, 439 P.2d 719 (1968) ; State v. Fines, 78 N.M. 737, 437 P.2d 1006 (1968).

Although defendant may not obtain a review of the seizure issue in a post-conviction proceeding, a companion case, which was a direct appeal, decided the issue on its merits. State v. Sedillo, 79 N.M. 289, 442 P.2d 601 (1968).

The order denying relief is affirmed.

It is so ordered.

SPIESS, C. J., and OMAN, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

WOOD, Judge.

Denied post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1967), defendant appeals. He contends that evidence was erroneously admitted at his trial because seized without a valid search warrant. The circumstances of this asserted illegal seizure were known to defendant at his trial. Accordingly, the question of use of illegally seized evidence is not a cognizable issue under § 21-1-1(93), supra. State v. Barton, 79 N.M. 70, 439 P.2d 719 (1968) ; State v. Fines, 78 N.M. 737, 437 P.2d 1006 (1968).

Although defendant may not obtain a review of the seizure issue in a post-conviction proceeding, a companion case, which was a direct appeal, decided the issue on its merits. State v. Sedillo, 79 N.M. 289, 442 P.2d 601 (1968).

The order denying relief is affirmed.

It is so ordered.

SPIESS, C. J., and OMAN, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

445 P.2d 749, 79 N.M. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pineda-nmctapp-1968.

Opinion

Related

Cite This Page — Counsel Stack