STATE v. MONTOYA

No. 19,222.

972 P.2d 1153 (1998)

126 N.M. 562

1999-NMCA-001

STATE of New Mexico, Plaintiff-Appellee, v. Ermilio MONTOYA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, January 6, 1999.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Patricia Gandert, Ass't Attorney General, Santa Fe, for Appellee.

Phyllis H. Subin, Chief Public Defender, Nina Lalevic, Ass't Appellate Defender, Santa Fe, for Appellant.


Certiorari Denied, No. 25,502, January 6, 1999.

OPINION

PICKARD, J.

{1} In State v. Gardner, 1998-NMCA-160, ¶ 9, 126 N.M. 125, 967 P.2d 465, this Court held that compliance with the twenty-minute observation requirement stated in the Department of Health Regulations was a prerequisite to admissibility of breathalyzer test results. In this case, the question we address...

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