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STATE v. TURNER

No. 20100714-CA.

283 P.3d 527 (2012)

2012 UT App 189

STATE of Utah, Plaintiff and Appellee, v. Randy James TURNER, Defendant and Appellant.

Court of Appeals of Utah.

July 12, 2012.

Attorney(s) appearing for the Case

Jason A. Schatz , Salt Lake City, for Appellant.

Mark L. Shurtleff and Jeffrey S. Gray , Salt Lake City, for Appellee.

Before Judges McHUGH, VOROS, and DAVIS.

OPINION

McHUGH, Presiding Judge:

¶ 1 Randy James Turner appeals from his conviction for driving under the influence of alcohol (DUI) in violation of Utah Code section 41-6a-502, a third degree felony. See Utah Code Ann. §§ 41-6a-502, -503(2) (2010). Turner argues that the breath test procedures adopted by the Commissioner of the Department of Public Safety (the Commissioner) pursuant to Utah Code section 41-6a-515(1) violate rule 702...

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