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STATE v. RASCON

No. 1780.

540 P.2d 875 (1975)

88 N.M. 395

STATE of New Mexico, Plaintiff-Appellant, v. Donald RASCON, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted September 11, 1975.

Attorney(s) appearing for the Case

James L. Brandenburg, Dist. Atty., James F. Blackmer, Asst. Dist. Atty., Albuquerque, for plaintiff-appellant.

Jerome M. Ginsburg, Santa Fe, for defendant-appellee.

OPINION

HENDLEY, Judge.

The state appeals an order suppressing statements given by defendant to officers of the Albuquerque Police Department. The question to be decided is whether failure to notify the Public Defender's Office that a person is being forcibly detained, under the mandate of § 41-22A-12(C), N.M.S.A. 1953 (2d Repl. Vol. 6, 1972, Supp. 1973), constitutes grounds for suppression of statements taken during such forcible detention. We affirm...

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