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STATE v. RUBICK

No. 66,730

16 Kan. App. 2d 585 (1992)

827 P.2d 771

STATE OF KANSAS, Appellee, v. JOHN J. RUBICK, Appellant.

Court of Appeals of Kansas.

Opinion filed February 28, 1992.

Attorney(s) appearing for the Case

Frank P. Gilman, of Law Offices of David R. Gilman, of Overland Park, for appellant.

Joyce Fackler Hendrix, assistant county attorney, and Robert T. Stephan, attorney general, for appellee.

Before GERNON, P.J., ELLIOTT, J., and DAVID PRAGER, Chief Justice Retired, assigned.

PRAGER, C.J. Retired:

John J. Rubick (defendant-appellant) appeals his conviction on one count of driving while under the influence. K.S.A. 8-1567(a). At the trial, Darrell Pressnell, a Kansas Highway Patrol Trooper, testified that he observed a pickup truck weave back and forth on a county road and remain entirely in the oncoming lane of traffic. He stopped the vehicle. The driver was the defendant. The trooper noted a wide-eyed and fixed stare and detected a strong...

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