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STATE v. STEIER

Cr. No. 930177CA.

515 N.W.2d 195 (1994)

STATE of North Dakota, Plaintiff and Appellant, v. Frank STEIER, Defendant and Appellee.

Court of Appeals of North Dakota.

April 12, 1994.

Attorney(s) appearing for the Case

Tom M. Henning (argued), Asst. State's Atty., Dickinson, for plaintiff and appellant.

Ronald A. Reichert (argued), Reichert, Buresh, Herauf & Ficek, PC, Dickinson, for defendant and appellee.

RALPH J. ERICKSTAD, Surrogate Judge.

Frank Steier was convicted by a jury of driving with a blood alcohol concentration of at least .10 percent, in violation of Section 39-08-01, N.D.C.C. Following his conviction, Steier moved for a new trial on the ground that the court erred in admitting an uncertified copy of Form 104, the State Toxicologist's directions for sample collection and submission of blood specimens. The trial court granted the motion for new trial, stating...

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