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STATE v. GOODWIN

No. 1 CA-CR 88-583.

160 Ariz. 366 (1989)

773 P.2d 471

STATE of Arizona, Appellant, v. Robert Franklin GOODWIN, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Motion to Reconsider March 9, 1989.

Motion for Reconsideration Denied March 9, 1989.

Review Denied Denied June 6, 1989.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty., and Thomas E. Collins, former Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for appellant.

Dean W. Trebesch, Maricopa County Public Defender by Carol A. Carrigan, Deputy Public Defender, Phoenix, for appellee.

As Corrected on Grant of State's Motion to Reconsider March 9, 1989.

Appellee's Motion for Reconsideration Denied March 9, 1989.

OPINION

EUBANK, Judge.

Did the trial judge err in granting defendant's motion to suppress, on the basis of Baca v. Smith, infra, where the police officer gave the defendant the second breath sample and the defendant then threw it away. We hold that the judge erred.

Appellee Robert Franklin Goodwin ...

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