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THOMAS v. PEOPLE

Nos. 94SC204, 94SC236.

895 P.2d 1040 (1995)

Penny Powers THOMAS, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. Allyn David McMULLIN, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

May 8, 1995.

Attorney(s) appearing for the Case

Harry J. Holmes, Longmont, Stuart S. Keown, Broomfield, for petitioners.

Stuart A. VanMeveren, Dist. Atty., Eighth Judicial Dist., Loren B. Schall, Asst. Dist. Atty., Fort Collins, for respondent.

Justice VOLLACK delivered the Opinion of the Court.

Penny Powers Thomas (Thomas) appeals from an order of the Larimer County District Court in Thomas v. People, No. 94SC204, and Allyn David McMullin (McMullin) appeals from an order of the Larimer County District Court in McMullin v. People, No. 94SC236. In each case, the district court concluded that the county court erred in suppressing the breath test results and in dismissing the DUI charges.

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