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BOWLIN v. STATE

No. A-3677.

823 P.2d 676 (1991)

Veronica BOWLIN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

December 27, 1991.

Attorney(s) appearing for the Case

Cynthia Drinkwater, Asst. Public Defender, Palmer, and John B. Salemi, Public Defender, Anchorage, for appellant.

Eugene B. Cyrus, Asst. Dist. Atty., Kenneth J. Goldman, Dist. Atty., Palmer, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and MANNHEIMER, JJ.

OPINION

MANNHEIMER, Judge.

Veronica Bowlin was convicted of refusal to submit to a breath test, AS 28.35.031(a) and AS 28.35.032(f), following a jury trial in the district court at Palmer. The main issue at trial was whether Bowlin, who has asthma, was physically capable of blowing enough air into the Intoximeter machine to trigger the mechanism and run the breath test. The State's theory of the case was that Bowlin had willfully refused to blow enough air...

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