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STATE v. TRUJILLO

No. 12505.

605 P.2d 232 (1980)

93 N.M. 724

STATE of New Mexico, Petitioner, v. Genaro TRUJILLO, Respondent.

Supreme Court of New Mexico.

January 10, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Janice Marie Ahern, Asst. Atty. Gen., Santa Fe, for petitioner.

Richard J. Knott, Corrales, for respondent.

OPINION

EASLEY, Justice.

Genaro Trujillo was convicted by a jury of heroin trafficking. The Court of Appeals reversed the conviction and remanded for a new trial. We granted certiorari. We affirm the reversal, but upon somewhat different grounds than those utilized by the Court of Appeals.

The issue is whether an incriminating statement made by Trujillo, which was made in the presence of police officers, his counsel, and an assistant district attorney...

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