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PEOPLE v. SHINAUT

No. 96SC296.

940 P.2d 380 (1997)

The PEOPLE of the State of Colorado, Petitioner, v. James SHINAUT, Respondent.

Supreme Court of Colorado, En Banc.

June 30, 1997.

Attorney(s) appearing for the Case

James J. Peters, District Attorney, Eighteenth Judicial District, James C. Sell, Chief Deputy District Attorney, District Court Division 6 John Topolnicki, Chief Deputy District Attorney, Civil Appellate and Forfeitures Division Englewood, for Petitioner.

Combs & Miner, P.C., Juliet F. Miner, Castle Rock, The Law Offices of Lawrence A. Wright, Jr., Lawrence A. Wright, Jr., Myka M. Landry, Joel C. Johnson, Kiowa, for Respondent.

Justice HOBBS delivered the Opinion of the Court.

This appeal,1 brought pursuant to C.A.R. 49, arises out of the county court's suppression of James Shinaut's (Shinaut) blood test results for non-compliance by a Colorado State Trooper with the provisions of section 42-4-1202(3)(a)(II), 17 C.R.S. (1993) (the express consent law).2 The officer allowed Shinaut to change...

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