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State v. Williams

Court of Appeals of New Mexico
Jan 21, 1972
83 N.M. 477 (N.M. Ct. App. 1972)

Summary

holding that motel manager who was familiar with stolen items was qualified to testify about their value

Summary of this case from State v. Ramirez

Opinion

No. 747.

January 21, 1972.

Appeal from the District Court, Lea County, Kermit E. Nash, D. J.

Harvey C. Markley, Lovington, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION


Convicted of receiving and concealing stolen property, a television set, when the value was more than $100.00 but less than $2,500.00 contrary to § 40A-16-11, N.M.S.A. 1953 (Supp. 1971), defendant appeals. Defendant asserts two points for reversal. We affirm.

Defendant first contends that the motel manager was not qualified to testify regarding the value of the television set and his motion to dismiss at the close of defendant's case should have been granted. The motel manager testified that he was familiar with the value of the television sets that are sold to motels and testified that a used set like the one involved was worth between $150.00 and $200.00. We see no reason to distinguish between the opinion evidence of a manager who is familiar with cost and the opinion evidence of an owner. See State v. Zarafonetis, 81 N.M. 674, 472 P.2d 388 (Ct.App. 1970). The testimony of the manager was competent and meets the substantial evidence test. State v. Zarafonetis, supra.

Defendant next contends and he so testified at trial, that the police told him "it might go easier" if he would admit he knew the television set was stolen. Defendant argues his admission of guilt was obtained through deception and should have been excluded. This matter requiring determination on evidence is first raised on appeal and was never raised nor ruled on by the trial court. This cannot be done. State v. Colvin, 82 N.M. 287, 480 P.2d 401 (Ct.App. 1971); State v. Martinez, 52 N.M. 343, 198 P.2d 256 (1948).

Affirmed.

It is so ordered.

WOOD, C. J., and SUTIN, J., concur.

COWAN, J., not participating.


Summaries of

State v. Williams

Court of Appeals of New Mexico
Jan 21, 1972
83 N.M. 477 (N.M. Ct. App. 1972)

holding that motel manager who was familiar with stolen items was qualified to testify about their value

Summary of this case from State v. Ramirez

holding that the motel manager who was familiar with the stolen items was qualified to testify about their value

Summary of this case from State v. Manygoat
Case details for

State v. Williams

Case Details

Full title:STATE of New Mexico, Plaintiff-Appellee v. Peter Joseph WILLIAMS…

Court:Court of Appeals of New Mexico

Date published: Jan 21, 1972

Citations

83 N.M. 477 (N.M. Ct. App. 1972)
493 P.2d 962

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He may not raise that issue here for the first time. State v. Williams, 83 N.M. 477, 493 P.2d 962 (Ct.App.…

State v. Ramirez

We conclude that the testimony presented was sufficient to determine the value of the stolen goods because…