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PEOPLE v. DONNELLY

No. 84SA144.

691 P.2d 747 (1984)

PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kenneth Scott DONNELLY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 10, 1984.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Brooke Wunnicke, Chief Appellate Dist. Atty., Denver, for plaintiff-appellant.

Thomas Jirak, Grand Junction, for defendant-appellee.

ROVIRA, Justice.

Pursuant to C.A.R. 4.1, the People in this interlocutory appeal challenge an order of the district court suppressing statements and the result of the blood alcohol test of the defendant, Kenneth Scott Donnelly. We agree with the defendant that since there was no probable cause to arrest the defendant, the district court's order must be affirmed.

I.

The defendant was charged with vehicular assault, section 18-3-205, 8 C.R.S. (1973...

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