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STATE v. BARNEYCASTLE

No. 19628.

699 P.2d 745 (1985)

STATE of Utah, Plaintiff and Respondent, v. Kenneth C. BARNEYCASTLE, Defendant and Appellant.

Supreme Court of Utah.

April 4, 1985.

Attorney(s) appearing for the Case

Gary L. Gale, Ogden, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

ZIMMERMAN, Justice:

Defendant Kenneth Barneycastle appeals from his conviction of driving under the influence of alcohol in violation of U.C.A., 1953, § 41-6-44 (1981 ed.). He claims that the State's failure to properly file and read in open court an information charging him with the offense denied him due process. Defendant also asserts that the State's introduction of an affidavit to establish the reliability of the breathalyzer machine used to determine his...

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