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PEOPLE v. DEE

No. 80SC199.

638 P.2d 749 (1981)

The PEOPLE of the State of Colorado, Petitioner, v. John F. DEE, Respondent.

Supreme Court of Colorado, En Banc.

November 30, 1981.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Denver, for petitioner.

Mitchel B. Johns, Joseph F. Nigro, John F. Dee, Jr., Denver, for respondent.

LOHR, Justice.

As the result of a jury trial in Denver County Court, the defendant was convicted of driving under the influence of intoxicating liquor in violation of section 42-4-1202(1)(a), C.R.S.1973. He appealed to the Denver Superior Court. That court reversed his conviction and remanded the case for retrial based on the conclusion that a test to determine the alcoholic content of the defendant's blood was conducted under circumstances which violated statutory...

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