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STATE v. SHOWALTER

No. 4640.

615 P.2d 278 (1980)

94 N.M. 663

STATE of New Mexico, Plaintiff-Appellant, v. James Mark SHOWALTER, Defendant-Appellee.

Court of Appeals of New Mexico.

July 31, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Art Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Scott McCarty, Albuquerque, for defendant-appellee.

OPINION

HENDLEY, Judge.

This appeal by the State from the trial court's suppression of defendant's statements was placed on a limited calendar. When the brief in chief was due, the State filed a motion for summary disposition.

In its memorandum, the State recited that "[t]he Defendant requested counsel but this request was ignored by [the] police who proceeded with continuous interrogation for an hour or an hour and a half." This was improper.

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