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STATE v. LOVATO

No. 4322.

617 P.2d 169 (1980)

94 N.M. 780

STATE of New Mexico, Plaintiff-Appellee, v. Ernest LAOVATO, Defendant-Appellant.

Court of Appeals of New Mexico.

September 2, 1980.

Attorney(s) appearing for the Case

Charles R. Finley, Warner & Finley, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., John G. McKenzie, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of homicide by vehicle while driving under the influence of intoxicating liquor or while driving recklessly contrary to § 66-8-101(B), N.M.S.A. 1978, defendant appeals. His point relating to the State's failure to preserve the blood test kit is dispositive and we reverse.

The State's theory of the case was that at the time defendant struck and killed the child he was driving recklessly and running a red light...

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