People v. Lucero

Ernest L. Lucero, defendant herein, appeals from his conviction for assault with a deadly weapon and assault with intent to rob, both in violation of C.R.S. 1963, 40-2-34.

During the People’s case the defendant moved to suppress certain evidence (a ski mask and a .22 caliber revolver) seized in a search of an automobile incident to defendant’s arrest. This motion was denied by the trial court. On appeal defendant’s sole contention is that the search of the automobile was not incident to a lawful arrest and the evidence obtained as a result of the search is inadmissible against him. We do not…