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STATE v. KEMP

No. CR-90-0315-PR.

168 Ariz. 334 (1991)

813 P.2d 315

STATE of Arizona, Appellee, v. Bret John KEMP, Appellant.

Supreme Court of Arizona, En Banc.

June 11, 1991.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie and Randall M. Howe, Asst. Attys. Gen., Phoenix, for appellee.

Yvonne Ayers, Bisbee, for appellant.

Roderick G. McDougall, Phoenix City Atty. by Kent C. Kearney, Asst. Phoenix City Prosecutor, Phoenix, for amicus curiae, Phoenix City Prosecutor's Office.

GORDON, Chief Justice.

The State of Arizona (State) petitioned for review of the court of appeals' decision reversing Bret John Kemp's (Kemp) conviction for manslaughter and driving while under the influence (DWI) charges. We granted review to determine whether law enforcement officers, when obtaining a blood sample pursuant to A.R.S. § 28-692(M),1 must advise the suspect of his right to obtain a portion of the same sample. We ordered...

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