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PEOPLE v. PITTMAN

No. 12SA101.

284 P.3d 59 (2012)

2012 CO 55

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Dianeth PITTMAN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 10, 2012.

Attorney(s) appearing for the Case

Pete Hautzinger , District Attorney, Twenty-First Judicial District, Richard B. Tuttle , Assistant District Attorney, Grand Junction, Colorado, Attorneys for Plaintiff-Appellant.

Douglas K. Wilson , Public Defender, E. Betsy Atkinson , Deputy Public Defender, Steve Colvin , Deputy Public Defender, Grand Junction, Colorado, Attorneys for Defendant-Appellee.

Justice RICE delivered the Opinion of the Court.

¶ 1 In this interlocutory appeal, we review the trial court's order suppressing statements made by Dianeth Pittman in response to police interrogation without a prior advisement pursuant to Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We conclude that the trial court applied an incorrect legal standard in determining that Pittman was in custody...

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