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STATE v. ALBRIGHT

No. 11S01-9404-CR-344.

632 N.E.2d 725 (1994)

STATE of Indiana, Appellant, v. Charles R. ALBRIGHT, Appellee.

Supreme Court of Indiana.

April 14, 1994.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., of Indiana and Geoff Davis, Deputy Atty. Gen., for appellant.

William G. Smock, Terre Haute, for appellee.

ON PETITION TO TRANSFER

GIVAN, Justice.

In an opinion reported at 622 N.E.2d 995, the Court of Appeals affirmed the trial court's order granting appellee's motion to suppress the results of an Intoxilyzer test. They held that the administration of the third Intoxilyzer test was commenced within the twenty minute observation period in violation of Ind. Admin. Code tit. 260, r. 1.1-4-4(1) (1993).

Judge Shields wrote...

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