STATE v. WAICELUNAS

No. 1 CA-CR 6283.

138 Ariz. 16 (1983)

672 P.2d 968

STATE of Arizona, Appellant, v. Brad Jess WAICELUNAS, Appellee.

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

Rehearing Denied October 20, 1983.

Review Denied November 22, 1983.


Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by Lyn D. Kane, Deputy County Atty., Phoenix, for appellant.

Walter J. Reynolds, Jr., and Richard T. Fuller, Mesa, for appellee.


OPINION

GRANT, Judge.

In this appeal the state raises the question of whether the trial court properly suppressed a blood alcohol test. On January 12, 1982, defendant Brad Waicelunas, was involved in a two-vehicle collision which was fatal to the other driver. Waicelunas was indicted on a charge of manslaughter, a class 3 dangerous felony. Phoenix Police Officers Paul Kent and Donald Dierks investigated the accident.

Officer Dierks, intending to administer...

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