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STATE v. KERR

No. A-531.

712 P.2d 400 (1985)

STATE of Alaska, Petitioner, v. Donald R. KERR, et al., Respondents.

Court of Appeals of Alaska.

December 27, 1985.

Attorney(s) appearing for the Case

Thomas A. Miller, Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, and Norman C. Gorsuch, Atty. Gen., Juneau, for petitioner.

Ray Funk, Asst. Public Defender, Fairbanks, and Dana Fabe, Public Defender, Anchorage, and William R. Satterberg, Fairbanks, for respondents.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

The state has petitioned for review of an order suppressing Intoximeter results in forty-four cases of driving while intoxicated, AS 28.35.033. We find that we must remand these cases to the district court.

In Anchorage v. Serrano, 649 P.2d 256, 258 (Alaska App. 1982), we concluded that due process "requires the prosecution to make reasonable efforts to preserve a breath sample or...

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