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STATE v. THOMPSON

No. 28,358.

213 P.3d 813 (2009)

2009-NMCA-076

STATE of New Mexico, Plaintiff-Appellee, v. James THOMPSON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,729, June 23, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, Linda Yen, Assistant Public Defender, Albuquerque, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} Defendant James Thompson was convicted of driving while intoxicated (DWI) after a jury trial in the metropolitan court. The metropolitan court sentenced Defendant for aggravated DWI third offense. Defendant appealed his conviction to the district court arguing that the lower court erred in admitting his breath-alcohol test (BAT) results due to lack of foundation to establish a valid twenty-minute deprivation period...

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