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STATE v. DIAZ

No. 16617.

925 P.2d 4 (1996)

122 N.M. 384

STATE of New Mexico, Plaintiff-Appellant, v. Jose DIAZ, Defendant-Appellee.

Court of Appeals of New Mexico.

September 10, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General Bill Primm, Assistant Attorney General, Santa Fe, for plaintiff-appellant.

T. Glenn Ellington, Chief Public Defender Karl Erich Martell, Assistant Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

BOSSON, Judge.

1. The State appeals from an order of the district court granting Defendant's motion to suppress physical evidence obtained during a warrantless search of Defendant's bedroom, arguing that the search was justified by the consent of Defendant's father. The only issue on appeal is the validity of the third-party consent to the search. We affirm.

FACTUAL AND LEGAL BACKGROUND

2. On the evening of March 10...

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