STATE v. GALLAGHER

No. 7379.

675 P.2d 429 (1984)

100 N.M. 697

STATE of New Mexico, Plaintiff-Appellee, v. Lester Raymond GALLAGHER, Defendant-Appellant.

Court of Appeals of New Mexico.

January 3, 1984.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Janet Clow, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellant.


OPINION

WALTERS, Chief Judge.

Defendant's probation was revoked and the suspended sentence was imposed. He appeals, raising two issues: (1) Whether his signed consent to searches by his probation officer constituted free and voluntary consent, and (2) whether the search conducted was reasonable. Because the latter issue was not raised in the trial court, it is waived. NMSA 1978, Crim., Child.Ct., Dom.Rel. & W/C App.R. 308 (Repl.Pamp. 1983).

The...

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