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STATE v. COOPERMAN

No. 2 CA-CV 2011-0197.

282 P.3d 446 (2012)

The STATE of Arizona, Petitioner/Appellant, v. Joseph COOPERMAN, Respondent/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

August 14, 2012.

Attorney(s) appearing for the Case

Michael G. Rankin , Tucson City Attorney By Baird S. Greene and William F. Mills , Tucson, Attorneys for Petitioner/Appellant.

City of Tucson Public Defender By Stefan F. Niemiec , and Law Office of Nesci and St. Louis By James Nesci, Tucson , Attorneys for Respondent/Appellee.

Stephen Paul Barnard , Tucson, Attorney for Amici Curiae Arizona Attorneys for Criminal Justice.

VÁSQUEZ, Presiding Judge.

¶ 1 In Guthrie v. Jones, 202 Ariz. 273, ¶ 2, 43 P.3d 601, 602 (App.2002), this court held that evidence regarding breath-to-blood partition ratios1 is inadmissible in a prosecution for driving or being in actual physical control of a vehicle with an alcohol concentration of.08 or more within two hours of driving, in violation...

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