STATE v. FRANCO

Nos. 4171, 4281.

608 P.2d 1125 (1980)

94 N.M. 243

STATE of New Mexico, Plaintiff-Appellee, v. Marcos FRANCO, Defendant-Appellant. STATE of New Mexico, Defendant-Appellee, v. Gerald BURNETT, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied February 26, 1980.


Attorney(s) appearing for the Case

Larry R. Hill, Albert J. Rivera, Alamogordo, for defendants-appellants.

Jeff Bingaman, Atty. Gen., Lawrence A. Barela, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Defendants appeal their convictions of possession of marijuana with intent to distribute. The marijuana was found in the trunk of a car driven by Burnett and in which Franco was a passenger. The initial stop of the car was by an agent of the United States Border Patrol on roving patrol. The entry into the trunk was also by Border Patrol agents. Defendants challenge (1) the initial stop...

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