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PEOPLE v. ELMARR

No. 07SA379.

181 P.3d 1157 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellant. v. Kevin Franklin ELMARR, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 21, 2008.

Attorney(s) appearing for the Case

Mary T. Lacy, District Attorney, Twentieth Judicial District, William F. Nagel, Assistant District Attorney, Boulder, Colorado, Attorneys for Plaintiff-Appellant.

Douglas K. Wilson, Colorado State Public Defender, Kristin Johnson, Deputy State Public Defender, Nicole Collins, Deputy State Public Defender, Boulder, Colorado, Attorneys for Defendant-Appellee.

Justice RICE delivered the Opinion of the Court.

In this interlocutory appeal taken pursuant to C.A.R. 4.1, we review an order from the Boulder County District Court suppressing statements the defendant made in response to police interrogation. We find that the trial court properly suppressed the defendant's statements because the defendant was in custody while interrogated, and it is conceded that he did not receive proper...

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