Opinion
No. 791.
December 22, 1971.
Appeal from the District Court, Dona Ana County, E. Forrest Sanders, D. J.
Walter R. Parr, Las Cruces, New Mexico, for defendant-appellant.
David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.
OPINION
Defendant was convicted and sentenced for burglary. Section 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6). Defendant claims he did not voluntarily and understandingly waive his constitutional right to remain silent; consequently his admissions were inadmissible at trial.
There is evidence that on arrest, the police officer read to defendant the "Miranda warnings" and the defendant stated that he understood them. His constitutional right to remain silent was not violated. His admissions could properly be found to be voluntary and were admissible at trial. State v. Pace, 80 N.M. 364, 456 P.2d 197 (1969).
Affirmed.
It is so ordered.
WOOD, C. J., and HENDLEY, J., concur.
COWAN, J., not participating.