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STATE v. JOHNSTON

No. 11353.

779 P.2d 556 (1989)

STATE of New Mexico, Plaintiff-Appellant, v. Ted JOHNSTON, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied September 6, 1989.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Santa Fe, for plaintiff-appellant.

Jake R. Evans, Evans and Robles, P.A., Las Cruces, for defendant-appellee.

OPINION

HARTZ, Judge.

The state appeals from the district court's order suppressing the result of a blood-alcohol test on a blood sample taken from defendant at the request of a physician for the purpose of treating injuries suffered by defendant in a motor vehicle accident. We reverse.

Defendant and the state stipulated to the pertinent facts. Because of injuries sustained while driving a motor vehicle, defendant was transported by ambulance to...

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