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COM. v. ROBERTS

No. 2002-SC-0691-DG, 2002-SC-0326-DG.

122 S.W.3d 524 (2003)

COMMONWEALTH OF KENTUCKY, Appellant, v. Terry ROBERTS, Appellee. Commonwealth Of Kentucky, Appellant, v. David R. Smith, Appellee.

Supreme Court of Kentucky.

December 18, 2003.

Attorney(s) appearing for the Case

A.B. Chandler III, Attorney General of Kentucky, Perry T. Ryan, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Joseph H. Mattingly III, Lisa K. Nally-Martin, Lebanon, Counsel for Appellant.

Jonathan Ray Spalding, Lebanon, Counsel for Appellee Roberts.

Samuel Todd Spalding, Lebanon, Counsel for Appellee Smith.

WINTERSHEIMER, Justice.

We have considered these two appeals together because they concern a principal issue that is common to both cases. That issue involves the foundation requirements for admission of a breath alcohol test. The question also involves how service records are to be presented in a case concerning verification of a self-calibrated instrument.

In Commonwealth v. Roberts, 122 S.W.3d 524, 2003 WL 22971136...

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