State v. Fernandez, 6603-0-I
Decision Date | 13 October 1981 |
Docket Number | No. 6603-0-I,6603-0-I |
Citation | 640 P.2d 731 |
Parties | STATE of Washington, Respondent, v. Anthony FERNANDEZ, also known as Dr. Antonio Fernandez, Appellant. |
Court | Washington Court of Appeals |
IT IS HEREBY ORDERED that the opinion in the above cause filed as an unpublished opinion on April 7, 1980, and ordered published by order of this court entered May 5, 1981, and appearing at 28 Wash.App. 944, 628 P.2d 818 (1980), be modified to read as follows:
Tests showed the victim's blood alcohol level was .15 percent and might have been as high as .24 percent at the time of the accident.
(2) On page 955, 628 P.2d 818, that the footnote subscript for n.4 which now follows the word "proven" on the eighth line at the end of the first paragraph, be deleted and placed instead following the words "exhibit 15" on the fifth line of that paragraph.
(3) On page 955, 628 P.2d 818, that the first sentence in the first full paragraph now reading, "As to the other expert witnesses, he also relied in part(,)" be changed to read, "As to the other expert witness, he also relied in part(.)"
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...the act charged. United States v. Silva, 580 F.2d 144, 148 (5th Cir.1978); State v. Fernandez, 28 Wash.App. 944, 949-50, 628 P.2d 818, 640 P.2d 731 (1980); State v. Irving, supra. 'The device used must be so unusual and distinctive as to be like a signature.' E. Cleary, McCormick on Evidenc......
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