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CALLAHAN v. STATE

No. A-2465.

769 P.2d 444 (1989)

James CALLAHAN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

February 24, 1989.

Attorney(s) appearing for the Case

Susan Downie, Asst. Public Defender, Fairbanks, and John Salemi, Acting Public Defender, Anchorage, for appellant.

Gayle L. Garrigues, Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, and Grace Berg Schaible, Atty. Gen., Juneau, for appellee.

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

OPINION

BRYNER, Chief Judge.

A jury convicted James Callahan of refusal to submit to a breath test, AS 28.35.032. Callahan appeals his conviction. We reverse.

While on routine patrol during the early morning hours of October 13, 1987, Fairbanks Police Officer Larry Layman observed Callahan's vehicle run a red light. Layman stopped Callahan and directed him to perform a heel-to-toe test. Callahan began to perform the test but ran away without completing...

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