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STATE v. JOHANSON

No. 65A05-9709-CR-388.

695 N.E.2d 965 (1998)

STATE of Indiana, Appellant-Plaintiff, v. Steven JOHANSON, Appellee-Defendant.

Court of Appeals of Indiana.

April 30, 1998.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Geoff Davis, Deputy Attorney General, Indianapolis, for Appellant-Plaintiff.

William W. Gooden, Mt. Vernon, for Appellee-Defendant.

OPINION

FRIEDLANDER, Judge.

In this interlocutory appeal, the State appeals from a grant of Steven Jay Johanson's motion to suppress and presents the following restated issue:1

Did the trial court err in granting Johanson's motion to suppress the results of his intoxication test where the breathalyzer machine malfunctioned, did not print the results, and the test operator wrote down the time and results of the test?...

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