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STATE v. CLARY

No. 1CA-CR97-0307.

2 P.3d 1255 (2000)

196 Ariz. 610

STATE of Arizona, Appellee, v. Peter J. CLARY, Appellant.

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

Review Denied May 23, 2000.

Attorney(s) appearing for the Case

Janet A. Napolitano, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Diane M. Ramsey, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Edward F. McGee, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

TOCI, Judge.

¶ 1 Peter J. Clary ("defendant") appeals his convictions and sentences for two counts of aggravated driving under the influence of intoxicating liquor ("aggravated DUI"), class 4 felonies. Defendant contends that the trial court erred in denying his motion to suppress test results of a blood sample taken without his consent and against his active resistance but pursuant to a search warrant issued on probable cause.

¶...

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