[DOWNLOAD] "State V. Esguerra" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State V. Esguerra
• Author : New Mexico Court of Appeals
• Release Date : January 20, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Esguerra (defendant) appeals his conviction for trafficking (by possession with intent to distribute) cocaine. Defendant pled guilty to the charge, expressly reserving his right to appeal the trial court's ruling denying his motions to suppress evidence. On appeal, he argues that the trial court erred in its determination that he lacked standing to challenge the search of his automobile, hotel room, and knapsack. We reverse the trial court's ruling that defendant lacked standing to challenge the search of his automobile and hotel room, and we affirm the trial court's ruling that defendant lacked standing to challenge the search of the knapsack. We remand for a hearing to determine whether the evidence obtained from defendant's automobile and hotel room is admissible. If the evidence is determined to be admissible, the trial court should re-enter its judgment and sentence. If, however, it is determined that the evidence in question is not admissible, defendant should be given the opportunity to withdraw his guilty plea.

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