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STATE v. BURKE

No. 18,706.

974 P.2d 1169 (1998)

126 N.M. 712

1999-NMCA-031

STATE of New Mexico, Plaintiff-Appellee, v. Vivian BURKE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied February 15, 1999.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Kelly, Assistant Attorney General, Santa Fe, for Appellee.

Phyllis H. Subin, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, for Appellant.

Certiorari Denied No. 25,400, February 15, 1999.

OPINION

PICKARD, J.

{1} In State v. Gardner, 1998-NMCA-160, 126 N.M. 125, 967 P.2d 465, we held that compliance with the number of minutes of continuous observation stated in the Department of Health Regulation was a prerequisite to admissibility of breathalyzer test results. In this case, the major issue we...

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