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NASSER v. STATE

No. 49A02-9206-CR-283.

646 N.E.2d 673 (1995)

Jeffrey NASSER, Appellant-Defendant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

February 7, 1995.

Attorney(s) appearing for the Case

J.J. Paul, III, Ober Symmes Cardwell Voyles & Zahn, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee.

OPINION UPON REHEARING1

SULLIVAN, Judge.

Jeffrey Nasser (Nasser) appeals his conviction of operating a vehicle with .10 percent or more alcohol in his blood (OVBAC.10%), a class C misdemeanor.2

We affirm.

Nasser raises two issues for our review upon this rehearing:

(1) whether the trial court erred in admitting the result of an Intoxilyzer 5000 breath test; and

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