State v. Calderon

Defendant appeals convictions on two counts of manslaughter in the second degree and one count of third degree assault. The charges arose from a traffic accident that resulted in the death of two people and injury to a third. He asserts that the trial court erred in denying his motion to suppress evidence of the alcohol content of his blood derived from blood samples taken on the night of the accident.

We take the facts from the hearing on the motion to suppress. At approximately 7:20 p.m. on October 9,1981, Polk County Deputy Sheriff Palacios was called to the scene of a traffic accident in…