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PEOPLE v. VIDUYA

No. 83SA48.

703 P.2d 1281 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Roger Wayne VIDUYA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 19, 1985.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Solicitor Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Margaret L. O'Leary, Lyndy Ohneck, Jody Sorenson Theis, Judy Fried, Deputy State Public Defenders, Denver, for defendant-appellant.

LOHR, Justice.

Roger Wayne Viduya appeals his conviction for vehicular homicide. See § 18-3-106, 8 C.R.S. (1978).1 Because the trial judge applied the wrong legal standard when concluding that statements made by Viduya to the police were constitutionally obtained and admissible at trial, we reverse and remand with directions to hold a new hearing on that issue. We affirm all the other...

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