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STATE v. FRANKS

No. 14853.

889 P.2d 209 (1994)

119 N.M. 174

STATE of New Mexico, Plaintiff-Appellant, v. Charles V. FRANKS, Defendant-Appellee.

Court of Appeals of New Mexico.

July 18, 1994.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Gail MacQuesten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sammy J. Quintana, Chief Public Defender, Bruce Rogoff, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

HARTZ, Judge.

The State appeals from the district court's order suppressing statements made by Defendant during and immediately after a telephone call he placed to obtain emergency assistance for a drug overdose. Defendant is charged with possession of cocaine. We reverse and remand for further proceedings.

I. BACKGROUND

On September 14, 1992, shortly after 2 a.m., Defendant called 911 from a pay phone at the Town and Country...

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