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STATE v. FRANKLIN

No. 24043.

443 S.E.2d 386 (1994)

STATE of South Carolina, Respondent, v. Harvey FRANKLIN, Appellant.

Supreme Court of South Carolina.

Decided April 4, 1994.

Attorney(s) appearing for the Case

William T. Toal, of Johnson, Toal & Battiste, P.A., Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Sr. Asst. Atty. Gen. Harold M. Combs, Asst. Atty. Gen. Miller W. Shealy, Jr., and Sol. Richard A. Hartpootlian, Columbia, for respondents.

MOORE, Justice:

Appellant contends the trial court erred in admitting breathalyzer results. We affirm.

FACTS

Appellant Harvey Franklin was convicted of driving under the influence, fourth offense. Appellant appeals on the ground that the breathalyzer results should not have been admitted because the South Carolina Law Enforcement Division (SLED) did not specifically approve by regulation the model of breathalyzer machine which was used for...

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