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STATE v. SMITH

No. 22701.

947 P.2d 1007 (1997)

130 Idaho 759

STATE of Idaho, Plaintiff-Respondent, v. Ronnie Clifford SMITH, Defendant-Appellant.

Court of Appeals of Idaho.

October 23, 1997.

Attorney(s) appearing for the Case

John R. Hathaway, Orofino, for defendant-appellant.

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for plaintiff-respondent.

LANSING, Chief Judge.

Ronnie Clifford Smith entered a conditional guilty plea to driving under the influence of alcohol. On appeal, he asserts that the magistrate erred by denying Smith's motion to exclude evidence of breath test results because the State did not establish either that the test was administered in a manner approved by the Idaho Department of Law Enforcement or that the test, as administered, was reliable. For the reasons that follow, we affirm.

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