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OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza.

Opinion by Chief Justice Valdez The State appeals a trial court’s order granting a motion to suppress that was filed by appellee, Casimiro Vasquez. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (Vernon Supp. 2009) (providing that the State is entitled to appeal an order of a court in a criminal case if the order grants a motion to suppress evidence). In two issues, the State contends that the trial court erred by (1) finding that Vasquez invoked his right to counsel during a custodial interrogation, and (2) implicitly finding that Vasquez was subjected to a custodial interrogation rather than a non-custodial interview. We affirm.

 
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