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CHRISTIAN v. STATE

No. 79A02-9805-CR-449.

710 N.E.2d 582 (1999)

Damian W. CHRISTIAN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 22, 1999.

Attorney(s) appearing for the Case

Nicholas C. Deets, Heide Sandy Deets & Kennedy, Lafayette, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Michael McLaughlin, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

STATON, Judge

Following a jury trial, Damian W. Christian appeals his conviction for operating a vehicle while having a blood alcohol content of at least .10%, a Class C misdemeanor.1 Christian presents one issue for our review, which we restate as: whether the trial court erred by excluding evidence of repairs to the breathalyzer machine used on Christian.

We reverse.

On September 24, 1996, Christian...

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