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STATE v. STUMP

No. 34515.

203 P.3d 1256 (2009)

STATE of Idaho, Plaintiff-Respondent, v. Gregory STUMP, Defendant-Appellant.

Court of Appeals of Idaho.

January 22, 2009.

Attorney(s) appearing for the Case

Ronald L. Swafford, Swafford Law Office, Chartered, Idaho Falls, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Daniel W. Bower, Deputy Attorney General, Boise, for respondent.

GRATTON, Judge.

The issue presented on this appeal is whether the prosecution presented a sufficient foundation for the admission of breath test results by showing that the officer adequately performed the required fifteen-minute monitoring of the defendant before administering the test. The magistrate denied Stump's motion to exclude evidence of the breath test and, on intermediate appeal, the district court affirmed. We affirm.

I.

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