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STATE v. KOCH

No. 30896-7-II.

103 P.3d 1280 (2005)

STATE of Washington, Appellant, v. Eric Calvin KOCH, Respondent.

Court of Appeals of Washington, Division 2.

January 11, 2005.

Attorney(s) appearing for the Case

Miry Kim, Pierce Co. Pros. Attorney, Tacoma, WA, for Respondent.

Kenneth Wesley Fornabai, Auburn, WA, for Appellant.

ARMSTRONG, P.J.

The State appeals a superior court decision reversing Eric Koch's conviction for one count of driving while under the influence of intoxicants, arguing that the superior court erred when it held that the district court should have suppressed Koch's breath tests and should have declared a mistrial because the State's toxicologist testified in violation of an in limine order. Because the district court properly admitted the breath test results and the...

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