PEOPLE v. MARTINEZ

No. 24901.

476 P.2d 44 (1970)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Wayne MARTINEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 26, 1970.


Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Colorado Springs, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, Denver, Kevin R. O'Reilly, Deputy State Public Defender, Colorado Springs, for defendant-appellant.


PRINGLE, Justice.

This is an Interlocutory Appeal brought by Martinez from an adverse ruling in the trial court on his motion to suppress evidence. The basis of the motion was that the arresting officers lacked probable cause to arrest Martinez, and that therefore evidence seized in a search incident to this arrest was inadmissible. We affirm the trial court's denial of the motion.

In his brief Martinez admits that the facts of this case are so nearly identical...

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