State v. Bautista

STATE OF NORTH CAROLINA,

v.

ALEXIS NOE BAUTISTA.

No. COA09-711.

Court of Appeals of North Carolina.

Filed February 16, 2010.

This case not for publication.

Attorney General Roy Cooper, by Assistant Attorney General Jay L. Osborne, for the State.

Charlotte Gail Blake, for defendant-appellant.

CALABRIA, Judge.

Alexis Noe Bautista ("defendant") appeals an order denying his motion to suppress his statements. Defendant was convicted of trafficking in cocaine by possession. We affirm.

I. BACKGROUND

At approximately 5:35 a.m. on 3 May 2007, Officer J.C. Smithey ("Officer Smithey") of the Newton Police…