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STATE v. TYSZKIEWICZ

No. 2 CA-CR 2003-0267.

104 P.3d 188 (2005)

209 Ariz. 457

The STATE of Arizona, Appellee, v. Stanley Thomas TYSZKIEWICZ, Appellant.

Court of Appeals of Arizona, Division Two, Department A.

Reconsideration Granted February 23, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, By Randall M. Howe and Alan L. Amann, Tucson, for Appellee.

Susan A. Kettlewell, Pima County Public Defender, By Brian X. Metcalf, Tucson, for Appellant.

OPINION

ECKERSTROM, J.

¶ 1 Appellant Stanley Thomas Tyszkiewicz was convicted after a jury trial of two counts of aggravated driving under the influence of an intoxicant (DUI), sentenced to a four-month term of imprisonment, and placed on probation for concurrent, five-year terms. He claims that the trial court erred by admitting his breath test results without satisfying the foundational requirements set forth in former A.R.S. § 28-695...

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