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STATE v. ROSE

No. 85,730.

29 Kan. App.2d 355 (2001)

28 P.3d 431

STATE OF KANSAS, Appellee, v. GARY L. ROSE, Appellant.

Court of Appeals of Kansas.

Opinion filed July 20, 2001.

Attorney(s) appearing for the Case

Matthew B. Lynch, of Megaffin, Brown & Lynch, Chtd., of Pratt, for appellant.

Thomas V. Black, county attorney, and Carla J. Stovall, attorney general, for appellee.

Before RULON, C.J., LEWIS, J., and WAHL, S.J.

WAHL, J.:

Gary L. Rose appeals his conviction of driving while under the influence of alcohol. On appeal, Rose argues that the district court erred in admitting the results of his breath alcohol test because the State failed to appeal an order of the district magistrate judge suppressing the results of the test.

On January 1, 2000, a Kansas Highway Patrol trooper observed a vehicle crossing the highway center...

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