STATE v. VANNOY

No. 1 CA-CR 91-0351.

177 Ariz. 206 (1993)

866 P.2d 874

177 Ariz. 206

STATE of Arizona, Appellee, v. David Allen VANNOY, Appellant.

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

Review Denied February 1, 1994.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Div. and Randall M. Howe, Asst. Atty. Gen., Phoenix, for appellee.

David Burnell Smith, Scottsdale, for appellant.


OPINION

CONTRERAS, Judge.

In this case, we decide whether the state must provide a breath sample to a defendant charged with driving under the influence of alcohol when the defendant has given a deficient sample in the breath test, but the state still uses the test results at trial. Defendant David Allen Vannoy was convicted following a jury trial of one count of aggravated driving under the influence of alcohol, a class 5 felony. He appeals from his conviction...

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