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State v. City Court of City of Tucson3/26/1990
aw.
D. Continuing Validity of Baca
The issue of whether Baca should be overruled or modified based on the unreliability of the silica gel method of breath preservation is before this court in State v. Velasco, No. CV-89-0303-SA (jurisdiction accepted Oct. 3, 1989). Because we have concluded that due process was satisfied by the procedure used by the Tucson police, the issue raised in the cross-petition is moot. The order granting review of the cross-petition is vacated as improvidently granted and review of the cross-petition is denied.
Conclusion
Because we find that the defendants' due process rights were protected by the procedure used by the Tucson police, we approve the court of appeals' opinion and remand to the superior court to vacate the order suppressing the Intoxilyzer results and any further proceedings consistent with this opinion.
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