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Nasser v. State

Jeffrey NASSER, Appellant-Defendant v. STATE of Indiana

Nasser v. State, 639 N.E.2d 1054 (Ind. Ct. App. 1994)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
September 21, 1994
Docket
No. 49A02-9206-CR-283
Judges
Friedlander, Rucker, Sullivan
Citations
639 N.E.2d 10541994 Ind. App. LEXIS 12621994 WL 521099

Opinion of the Court — Sullivan

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*1055 OPINION ON REHEARING SULLIVAN, Judge.

On March 17, 1994, this Court reversed the conviction of Jeffrey Nasser for operating a vehicle with at least ten hundredths percent (10%) by weight of alcohol in the blood, a class C misdemeanor. Following that decision, State of Indiana filed its Petition for Rehearing on April 13, 1994, which petition has been held in abeyance pending disposition of Baran v. State (1998) 5th Dist. Ind. App., 622 N.E.2d 1326 , upon petition to transfer. By order of the Indiana Supreme Court dated February 18, 1994, transfer was granted in Baran v. State. Thereafter, on September 1, 1994, the Indiana Supreme Court issued its opinion upon transfer holding that as a matter of law an Intoxilyzer Breath Test printout necessarily reflects a percentage "by weight of alcohol in the blood." (Emphasis supplied).

Accordingly, and pursuant to the Supreme Court decision in Baran v. State, supra, we now grant rehearing and affirm the convietion.

Judgment of the Marion County Municipal Court, Room 4, affirmed.

FRIEDLANDER and RUCKER, JJ., concur.

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No later court has written an explanatory parenthetical about this case yet.

1995: 119952026peak 1995 · 1

Relies on it most ⓘ

  1. Nasser v. State646 N.E.2d 673 (Ind. Ct. App. 1995)

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  1. Nasser v. State646 N.E.2d 673 (Ind. Ct. App. 1995)

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Authorities cited 1

DepthCaseCited by
Baran v. State, 622 N.E.2d 1326 (Ind. Ct. App. 1993) 5

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