Legal Opinion
State v. Montoya
New Mexico Court of Appeals
Decided April 13, 1973No. 1093PublishedCited by 14 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant was convicted of unlawful possession of a controlled substance (heroin). Section 54-11-23, N.M.S.A.1953 (Repl. Vol. 8, pt. 2, Interim Supp.1972). Defendant appeals.
We affirm.
Defendant contends the state failed to prove, (1) possession of the narcotic by the defendant; (2) a complete chain of custody of the narcotic.(1) State Proved Constructive Possession
On April 20, 1972, defendant rented for one week room No. 3 at a motel in Albuquerque, New Mexico, and took possession. The police began observation on April 23, 1972. Surveillance showed defendant in the motel…
2Cases cited7 opinions
- State v. MaesNew Mexico Court of Appeals · 1970
- State v. GarciaNew Mexico Supreme Court · 1966
- Hector Saldivar Amaya v. United StatesCourt of Appeals for the Tenth Circuit · 1967
- State v. RonnigerCourt of Appeals of Oregon · 1971
- State v. GiddingsNew Mexico Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. BarberNew Mexico Supreme Court · 2004
- State v. DonaldsonNew Mexico Court of Appeals · 1983
- Cary v. StateSupreme Court of Arkansas · 1976
- State v. BowersNew Mexico Court of Appeals · 1974
- State v. BacaNew Mexico Court of Appeals · 1974
9 more not listed; retrieve them via the Exa API.