DANAHY, Acting Chief Judge.
James Edward Koltay was charged with the capital crime of sexual battery upon his two young stepchildren. In this appeal the state asks this court to reverse an order of the trial court which suppressed as evidence an incriminating statement Koltay made to police officers. Koltay made the statement in response to a question posed by the arresting officer before the officer apprised him of his rights under Miranda v. Arizona,
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