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STATE v. STORHOLM

No. 1 CA-CR 04-0027.

109 P.3d 94 (2005)

210 Ariz. 199

STATE of Arizona, Appellee, v. Paul Richard STORHOLM, Appellant.

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

As Amended on Reconsideration April 21, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Michael T. O'Toole, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Law Offices of Craig W. Penrod By Jeremy L. Phillips, Tempe, Attorneys for Appellant.

OPINION

LANKFORD, Judge.

¶ 1 Defendant Paul Richard Storholm appeals from his conviction for aggravated driving while under the influence of intoxicating liquor and aggravated driving with an alcohol concentration of .08 or more. Defendant asserts that due process requires law enforcement to provide DUI suspects their own breath samples for independent testing. He argues that because he did not receive a sample, we should reverse his conviction and...

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