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PEOPLE v. HORN

No. 89SA202.

790 P.2d 816 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Tommy Lee HORN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 23, 1990.

Attorney(s) appearing for the Case

A.M. Dominguez, Jr., Dist. Atty., and Rebecca Brunswig, Deputy Dist. Atty., Greeley, for plaintiff-appellant.

David F. Vela, State Public Defender, and Carol Haller, Deputy State Public Defender, Greeley, for defendant-appellee.

Justice ROVIRA delivered the Opinion of the Court.

In this interlocutory appeal, pursuant to C.A.R. 4.1, the People challenge the district court's order suppressing a statement made by the defendant, Tommy Lee Horn. The district court ruled that the defendant was in custody when the statement was made and questioning had not been preceded by a Miranda1 advisement. We affirm.

I

The defendant is charged with aggravated...

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