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PEOPLE v. OWENS

No. 98SA225.

969 P.2d 704 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Scott Michael OWENS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 11, 1999.

Attorney(s) appearing for the Case

James J. Peters, District Attorney, Eighteenth Judicial District, John Topolnicki, Chief Deputy District Attorney, Michael Spear, Deputy District Attorney, Englewood, Colorado Attorneys for Plaintiff-Appellant.

David F. Vela, Colorado State Public Defender, Wayne L. Cole, Deputy State Public Defender, Castle Rock, Colorado Attorneys for Defendant-Appellee.

Justice BENDER delivered the Opinion of the Court.

In this interlocutory appeal the People challenge an order suppressing the oral and written statements of the defendant, Scott Michael Owens. The basis for suppression was that although the police advised Owens of his Miranda rights and Owens executed a written waiver of those rights, the witness statement form that the police used contained erroneous information about Owens's Fifth Amendment privilege against...

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