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STATE v. RASCON

No. 10603.

550 P.2d 266 (1976)

89 N.M. 254

STATE of New Mexico, Petitioner, v. Donald RASCON, Respondent.

Supreme Court of New Mexico.

April 14, 1976.

Attorney(s) appearing for the Case

James L. Brandenburg, Dist. Atty., James F. Blackmer, Asst. Dist. Atty., Albuquerque, for petitioner.

Jerome M. Ginsberg, Santa Fe, for respondent.

OPINION

STEPHENSON, Justice.

Rascon was charged by criminal complaint with assault with intent to commit rape.1 Arrested on a warrant, he was twice given Miranda2 warnings, made inculpatory statements and was later indicted. The trial court granted Rascon's motion to suppress the statements because of failure by the police to notify the public defender that the defendant was in custody as provided...

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