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84 N.M. 254

State v. Aragon

New Mexico Court of Appeals

Decided September 15, 1972

New Mexico Court of Appeals · decided 1972-09-15

Relies on State v. Sisneros · State v. Tapia · State v. Williams

Decided 1972-09-15

¶1OPINION

SUTIN, Judge.

¶2Defendant 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.

¶3We affirm.

¶4Defendant 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.

¶5The 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).

¶6Affirmed.

¶7It is so ordered.

HENDLEY and COWAN, JJ., concur.
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