STATE v. KRISTEK

No. 63,433

14 Kan. App. 2d 77 (1989)

781 P.2d 1113

STATE OF KANSAS, Appellant, v. EDWARD J. KRISTEK, Appellee.

Court of Appeals of Kansas.

Opinion filed November 9, 1989.


Attorney(s) appearing for the Case

Mona Furst, assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, for the appellant.

No appearance by appellee.

Before ABBOTT, C.J., DAVIS, J., and JOHN E. SANDERS, District Judge, assigned.


ABBOTT, C.J.:

This is an interlocutory appeal by the State from the suppression of the results of the defendant's breath alcohol test.

The defendant moved to suppress the results of the breath alcohol test, claiming he had twice requested an independent blood alcohol test and the officer refused his requests. The arresting officer testified that defendant did not request an independent blood alcohol test. Obviously, the trial court could have ruled either...

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