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83 N.M. 391

State v. Valenzuela

New Mexico Court of Appeals

Decided December 22, 1971

New Mexico Court of Appeals · decided 1971-12-22

Relies on State v. Pace

Decided 1971-12-22

¶1OPINION

SUTIN, Judge.

¶2Defendant was convicted and sentenced for burglary. Section 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6). Defendant claims he did not voluntarily and understanding^ waive his constitutional right to remain silent; consequently his admissions were inadmissible at trial.

¶3There is evidence that on arrest, the police officer read to defendant the “Miranda warnings” and the defendant stated that he understood them. His constitutional right to remain silent was not violated. His admissions could properly be found to be voluntary and were admissible at trial. State v. Pace, 80 N.M. 364, 456 P.2d 197 (1969).

¶4Affirmed.

¶5It is so ordered.

WOOD, C. J., and PIENDLEY, J., concur.COWAN, J., not participating.
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