STATE v. WENZEL

No. 97,548.

177 P.3d 994 (2008)

STATE of Kansas, Appellee, v. Alan WENZEL, Appellant.

Court of Appeals of Kansas.

March 7, 2008.


Attorney(s) appearing for the Case

Christina M. Waugh, of Kansas Appellate Defender Office, for appellant.

Karen S. Smart, assistant district attorney, and Keith E. Schroeder, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before GREEN, P.J., GREENE and LEBEN, JJ.


LEBEN, J.

Alan Wenzel appeals both the conviction and sentence for his third conviction for driving under the influence of alcohol.

First, he claims that the breath test showing that he was driving while drunk should not have been admitted because the officer who administered the test did not testify that he had read the manufacturer's operational manual for the testing instrument or personally determined that the test procedure complied with that manual....

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