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STATE v. GERHARDT

No. 1 CA-CR 88-276.

161 Ariz. 410 (1989)

778 P.2d 1306

STATE of Arizona, Appellant, v. Jesse Robert GERHARDT, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied April 7, 1989.

Review Denied September 19, 1989.

Attorney(s) appearing for the Case

Charles R. Hastings, Yavapai County Atty. by Julia W. Stoner, Deputy County Atty., Prescott, for appellant.

Lawrence W. Katz, Prescott, for appellee.

OPINION

CONTRERAS, Presiding Judge.

In this criminal appeal, we consider the question of whether a person charged with driving while under the influence of alcohol has been deprived of due process by the state's failure to preserve a videotape of the person which was taken after his arrest. Based upon the record presented, we conclude that no due process violation has been shown. Therefore, the trial court's order dismissing the charge against appellee is...

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