THE PEOPLE, Plaintiff and Respondent,
v.
ALBERT WALTER TROMBETTA, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,
v.
MICHAEL GENE COX et al., Defendants and Appellants. In re GREGORY MOLLER WARD on Habeas Corpus. In re GALE BERNELL BERRY on Habeas Corpus.
Court of Appeals of California, First District, Division Four.https://leagle.com/images/logo.png
October 31, 1985.
October 31, 1985.
Attorney(s) appearing for the Case
COUNSEL
John F. DeMeo and Thomas R. Kenney for Defendants and Appellants.
J. Frederick Haley and John A. Pettis for Petitioners.
Ed Kuwatch, James R. Jenner, Public Defender (Alameda), Scott A. Sugarman, Assistant Public Defender, Wilbur F. Littlefield, Public Defender (Los Angeles), Laurence M. Sarnoff, William Thornbury and Albert J. Menaster, Deputy Public Defenders, as Amici Curiae on behalf of Defendants and Appellants and Petitioners.
George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Gloria F. DeHart and Charles R.B. Kirk, Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, First District, Division Four.
OPINION
POCHE, J.
In this case we are asked to decide whether the Hitch1 duty to preserve breath samples is based upon the federal or the state Constitution. As will appear, we conclude that the Hitch rule rests on the federal Constitution. We also conclude that there is no constitutional impediment to the introduction into evidence of intoxilyzer...
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