STATE V. VALENZUELA, 1971-NMCA-183, 83 N.M. 391, 492 P.2d 1008 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
ALFREDO VALENZUELA, Defendant-Appellant
No. 791
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-183, 83 N.M. 391, 492 P.2d 1008
December 22, 1971
Appeal from the District Court of Dona Ana County, Sanders, Judge
COUNSEL
WALTER R. PARR, Las Cruces, New Mexico, Attorney for Appellant.
DAVID L. NORVELL, Attorney General, RONALD VAN AMBERG, Assistant Attorney General, Santa Fe, New Mexico, Attorneys for Appellee.
JUDGES
SUTIN, Judge, wrote the opinion.
WE CONCUR:
Joe W. Wood, C.J., William R. Hendley, J.
OPINION
{*392} SUTIN, Judge.
{1} 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.
{2} 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).
{3} AFFIRMED.
{4} IT IS SO ORDERED.
WE CONCUR:
Joe W. Wood, C.J., William R. Hendley, J.