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PENA v. STATE

Nos. 6174, 7052.

684 P.2d 864 (1984)

Manuel R. PENA, Jr., Appellant/Petitioner, v. STATE of Alaska, Appellee/Respondent. Richard RYCHART, Appellant/Petitioner, v. STATE of Alaska, Appellee/Respondent.

Supreme Court of Alaska.

July 20, 1984.

Attorney(s) appearing for the Case

George E. Weiss, George E. Weiss & Associates, Anchorage, for appellant/petitioner, Manuel R. Pena, Jr.

Fleur Roberts, Cowper & Madson, Fairbanks, for appellant/petitioner, Richard Rychart.

David Mannheimer, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee/respondent.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MOORE, Justice.

On September 2, 1980, an automobile driven by Manuel R. Pena, Jr. collided with an automobile driven by Chris Scisente resulting in the death of Billy S. Downey, a passenger in Scisente's vehicle. Anchorage police officers investigating the accident, suspecting that Pena had been drinking arrested Pena; took him to the police station, and requested that he take a breathalyzer test. Pena refused to take the test and the police obtained...

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