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PEOPLE v. McINTYRE

No. 89SA203.

789 P.2d 1108 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James Herbert McINTYRE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 23, 1990.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., Steven L. Bernard, Chief Trial Deputy Dist. Atty., and Michael J. Milne, Sr. Deputy Dist. Atty., Brighton, for plaintiff-appellant.

David F. Vela, Colorado Public Defender, and William Sublette, Deputy State Public Defender, Brighton, for defendant-appellee.

Justice ERICKSON delivered the Opinion of the Court.

This is an interlocutory appeal by the prosecution pursuant to section 16-12-102(2), 8A C.R.S. (1989 Supp.) and C.A.R. 4.1. The trial court found that certain statements including a written confession given by the defendant James H. McIntyre to the police were involuntary and ordered their suppression. We affirm the ruling of the trial court.

I

After receiving reports that the defendant had sexually...

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