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PEOPLE v. PASCUAL

No. 04SA400.

111 P.3d 471 (2005)

Plaintiff-Appellant: THE PEOPLE OF THE STATE OF COLORADO, v. Defendant-Appellee: Juan PASCUAL.

Supreme Court of Colorado.

May 16, 2005.

Attorney(s) appearing for the Case

Kenneth R. Buck, District Attorney, Nineteenth Judicial District, Christian J. Schulte, Deputy District Attorney, Greeley, for Plaintiff-Appellant.

David Morgan, Greeley, Law Office of Marcia E. Wade, Marcia Elizabeth Wade, Lafayette, for Defendant-Appellee.

BENDER, Justice.

The People bring this interlocutory appeal pursuant to section 16-12-102, C.R.S. (2004), and C.A.R. 4.1., and challenge the trial court's suppression of incriminating statements made by the defendant, Juan Pascual. The People concede that Pascual was interrogated by the police when he made incriminating statements. However, the People argue that he was not in custody, as we have defined the term, and therefore these statements were not obtained in...

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