State of New Mexico, Plaintiff-Petitioner v. Gregg Crocco, Defendant-Respondent

Summary

The New Mexico Supreme Court reversed the Court of Appeals and affirmed the district court, holding that Gregg Crocco failed to make a prima facie showing of ineffective assistance of counsel on direct appeal because the trial record contained no evidence that he had a legitimate expectation of privacy in the house where police found him asleep. Because a suppression motion aimed at the officers' warrantless entry could succeed only if Crocco was an authorized guest with actual evidence of the owner's permission, counsel's failure to file one could not establish prejudice. The Court expressly declined to reach the lawfulness of the entry under the emergency assistance and exigent circumstances exceptions, reserving those issues for a habeas corpus proceeding if a fuller record is developed.