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STATE v. HUGHEY

No. 24,732.

119 P.3d 188 (2005)

2005-NMCA-114

STATE of New Mexico, Plaintiff-Appellant, v. Jay Ann HUGHEY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted August 26, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, NM, for Appellant.

John Bigelow, Chief Public Defender, Santa Fe, NM, Meg Bailey, Assistant Appellate Defender, Albuquerque, NM, for Appellee.

Certiorari Granted, No. 29,344, August 26, 2005.

OPINION

FRY, Judge.

{1} The State appeals from an order excluding evidence of Defendant's blood alcohol content (BAC) tested four hours after the accident caused by Defendant. In State v. Silago, 2005-NMCA-100, ¶¶ 12-15, 23, ___ N.M. ___, 119 P.3d 181, 2005 WL 1994285 [No. 24,854 (N.M. Ct.App. June...

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