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GARCIA v. STATE

No. 15848.

712 P.2d 1375 (1986)

Jorge GARCIA, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

January 27, 1986.

Attorney(s) appearing for the Case

Joseph William Reichert, Albuquerque, for petitioner.

Paul Bardacke, Atty. Gen., Elizabeth Major, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

RIORDAN, Chief Justice.

Petitioner, Jorge Garcia (Garcia), was convicted of receiving stolen property. The Court of Appeals affirmed the trial court. We granted certiorari and reverse the Court of Appeals.

Garcia raises two issues on appeal. Because one of the issues is dispositive, it is unnecessary to address the other. The issue we address is whether Garcia's refusal to consent to an automobile search may be used against him at trial as...

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