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STATE v. AUSTIN

Nos. 3400, 3401.

581 P.2d 1288 (1978)

91 N.M. 793

STATE of New Mexico, Plaintiff-Appellant, v. Johnny AUSTIN and Leonardo Hooks, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied July 10, 1978.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Robert G. Sloan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sarah M. Singleton, Pickard & Singleton, Santa Fe, for defendants-appellees.

OPINION

WOOD, Chief Judge.

These consolidated appeals present questions concerning the search of the trunk of the automobile driven by Hooks and in which Austin was a passenger. We discuss: (1) defendants' standing, and (2) consent to search.

Defendants' automobile was going 65 m.p.h. in a 55 m.p.h. zone. The state police officer stopped the vehicle for the purpose of issuing a ticket for speeding. Hooks' driver's license had expired. The officer...

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