New Mexico Court of Appeals, 1972

State v. Aragon

State v. Aragon
New Mexico Court of Appeals · Decided September 15, 1972 · Cowan, Hendley, Sutin
84 N.M. 254; 501 P.2d 698

State v. Aragon

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.