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STATE v. GREEN

No. 03-0639.

680 N.W.2d 370 (2004)

STATE of Iowa, Appellant, v. Jerel Howard GREEN, Appellee.

Supreme Court of Iowa.

As Amended on Denial of Rehearing June 11, 2004.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Richard J. Bennett, Assistant Attorney General, Matt Wilber, County Attorney, Christine M. DeLorme, Assistant County Attorney, and Tina Kaeding, Student Legal Intern, for appellant.

Patrick A. Sondag, Council Bluffs, for appellee.

CADY, Justice.

In this appeal, we consider whether a phlebotomist is qualified to "withdraw a specimen of blood for the purpose of determining the alcohol concentration" in a prosecution for operating a motor vehicle while intoxicated. Iowa Code § 321J.11 (2003). The district court concluded that a phlebotomist is not included in the list of individuals who may withdraw a blood sample for testing and suppressed evidence of the defendant's blood alcohol concentration...

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