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STATE v. FINCH

No. 101,136.

244 P.3d 673 (2011)

STATE of Kansas, Appellant, v. Paul R. FINCH, Appellee.

Supreme Court of Kansas.

January 7, 2011.

Attorney(s) appearing for the Case

Nicole Romine , assistant district attorney, argued the cause, and Mark A. Simpson , assistant district attorney, Charles E. Branson , district attorney, and Steve Six , attorney general, were on the brief for appellant.

Janine A. Cox , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by BEIER, J.

This appeal by the State arises on a question reserved in a driving under the influence (DUI) prosecution. The State challenges the district court judge's decision to grant a motion for judgment of acquittal based on the margin of error for the Intoxilyzer 5000 used to test defendant's blood-alcohol concentration.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Paul R. Finch was arrested for DUI, and...

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