People v. Payne

Opinion by

Judge REED.

Defendant, Richard D. Payne, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of first degree sexual assault of his estranged wife. We affirm.

The sole issue in this appeal is defendant’s contention that the trial court erred in denying his motion to suppress items of evidence seized by the police during a war-rantless search of the marital home the day after the offense in question. We reject this contention.

Here, the defendant and the victim jointly owned a marital home, but the wife had removed herself and their children from the…