Garcia v. State

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 proof of his guilt.

Garcia was taken to the Artesia Hospital by his nephew, a juvenile, for treatment of a shoulder injury. While Garcia waited for…