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GUTIERREZ v. STATE

No. A97A1633.

491 S.E.2d 898 (1997)

228 Ga. App. 458

GUTIERREZ v. The STATE.

Court of Appeals of Georgia.

Certiorari Denied January 5, 1998.

Attorney(s) appearing for the Case

William C. Head, Atlanta, for appellant.

Tommy K. Floyd, District Attorney, Thomas R. McBerry, Blair D. Mahaffey, Assistant District Attorneys, for appellee.

JOHNSON, Judge.

After a bench trial, Gary Gutierrez was convicted of driving under the influence of alcohol. He appeals.

1. Gutierrez contends the trial court erred in admitting Intoxilyzer 5000 test results when the state failed to show that the machine on which the breath test was performed had all of its parts attached and in good working order. See OCGA § 40-6-392(a)(1)(A). We disagree.

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