LAU v. STATE

No. A-5301.

896 P.2d 825 (1995)

Gary L. LAU, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

June 9, 1995.


Attorney(s) appearing for the Case

Peter F. Mysing, Kenai, for appellant.

Cynthia M. Hora, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for appellee.

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


OPINION

COATS, Judge.

The district court, sitting without a jury, convicted Gary L. Lau of driving while intoxicated and fourth-degree misconduct involving weapons (possessing a firearm inside a vehicle while intoxicated), both class A misdemeanors. AS 28.35.030; AS 11.61.210(a)(1). Lau appeals, contending that District Court Magistrate Lynn H. Christensen should have suppressed the evidence of his breath-alcohol level. We agree and remand.

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