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STATE v. NOCEO

Nos. 2 CA-CR 2008-0315, 2 CA-SA 2009-0020.

221 P.3d 1036 (2009)

STATE of Arizona, Plaintiff/Appellant, v. Edward Charles NOCEO, Defendant/Appellee. Michael Harris, Petitioner, v. Hon. Howard Fell, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

December 15, 2009.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Plaintiff/Appellee/Real Party in Interest.

Law Offices of Henry Jacobs By Henry Jacobs and Thomas Jacobs, Tucson, Attorneys for Appellee Noceo and Petitioner Harris.

ESPINOSA, Presiding Judge.

¶ 1 In the summer of 2007, appellee Edward Noceo and petitioner Michael Harris were separately arrested and charged with driving under the influence of an intoxicant (DUI). Both had samples of their blood drawn by law enforcement officers at the scene of their arrests, and both subsequently moved to prevent admission of the blood test results at trial, asserting that the procedures used to draw their blood were unconstitutional.

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