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STATE EX REL. McDOUGALL v. RICKE

1 CA-CV 88-230.

161 Ariz. 462 (1989)

778 P.2d 1358

STATE of Arizona, ex rel., Roderick G. McDOUGALL, Phoenix City Attorney, Plaintiff-Appellee, v. Michael V. RICKE, Defendant-Appellant.

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

Review Denied September 26, 1989.

Attorney(s) appearing for the Case

Office of the Phoenix City Prosecutor by Cynthia A. Certa, Asst. City Prosecutor, Phoenix, for plaintiff-appellee.

Toles & Associates, P.C. by M. Jeremy Toles and E.M. Overholt, Phoenix, for defendant-appellant.

Office of the Tucson City Prosecutor by Christopher L. Straub, Asst. City Prosecutor, Tucson, Mesa City Prosecutor by Kevin Hays, Chief Asst. City Prosecutor, Mesa, Vincent A. Iannone, Lake Havasu City Atty., by Jonny A. Sutton, Asst. City Atty., Lake Havasu City, for amicus curiae.

OPINION

HAIRE, Judge.

The sole issue raised in this appeal is whether a numerical estimate of blood alcohol content resulting from a horizontal gaze nystagmus test may be admitted at trial to corroborate a challenged breath test result in a prosecution under A.R.S. § 28-692(B) or as independent evidence of intoxication in a prosecution under A.R.S. § 28-692(A).1

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