STATE v. MONTOYA

No. 4249.

612 P.2d 1353 (1980)

94 N.M. 542

STATE of New Mexico, Plaintiff-Appellant, v. Ricardo Venegas MONTOYA, Defendant-Appellee.

Court of Appeals of New Mexico.

May 15, 1980.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

John B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. App. Defender, Santa Fe, for defendant-appellee.


OPINION

HENDLEY, Judge.

The sole issue in this case is whether police officers were justified in approaching the defendant and another who were sitting in an automobile parked alongside the home of the defendant's parents, with whom the defendant was living at the time.

There was a burglary and larceny of room number 11 at the La Fonda Motel. A set of Lloyd speakers were taken, the wires from which were ripped, not cut. The manager described two...

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