PEOPLE v. FERRAN

No. 28327.

591 P.2d 1013 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joe Willie FERRAN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 4, 1978.


Attorney(s) appearing for the Case

Craig S. Westberg, Dist. Atty., Sixth Judicial District, Durango, for plaintiff-appellant.

Hamilton, Hamilton, Shand & McLachlan, P. C., Durango, for defendant-appellee.


CARRIGAN, Justice.

This is an interlocutory appeal by the prosecution from a district court order suppressing the defendant's confession. C.A.R. 4.1. The district court found that the prosecution had failed to prove a knowing and intelligent waiver of the defendant's right to remain silent because the defendant had not affirmatively stated that he knew and understood his rights and was willing to waive them. We hold that the defendant validly waived his constitutional...

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