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STATE v. CUNNINGHAM

No. 17589.

774 P.2d 349 (1989)

116 Idaho 179

STATE of Idaho, Plaintiff-Respondent, v. Robert Lee CUNNINGHAM, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied August 17, 1989.

Attorney(s) appearing for the Case

Dan J. Rude, Coeur d'Alene, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.

Before WALTERS, C.J., SWANSTROM, J., and HART, J. Pro Tem.

PER CURIAM.

Robert Cunningham appeals from a district court's appellate decision which reversed a magistrate's order suppressing evidence of Cunningham's blood alcohol test result. The issue is whether the magistrate erred in concluding that, pursuant to I.C. § 18-8002(4)(d), evidence of Cunningham's blood alcohol test result should be suppressed because the arresting officer did not provide Cunningham with an opportunity for an additional test. We agree with...

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