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STATE v. DOWNEY

No. 25,068.

157 P.3d 20 (2007)

2007-NMCA-046

STATE of New Mexico, Plaintiff-Appellee, v. Harry L. DOWNEY, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted April 16, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM, for Appellee.

Downing & Henderson, P.C., David Henderson, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 30,263, April 16, 2007.

OPINION

FRY, Judge.

{1} In this case we consider the admissibility of retrograde extrapolation as a means for calculating Defendant's blood alcohol content (BAC) at the time of driving based on Defendant's BAC measured six hours after Defendant ceased driving. Defendant, who was convicted of vehicular homicide, appeals the trial court's admission of the State's expert's testimony giving an opinion as...

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