STATE v. GARCIA

No. 99,135.

196 P.3d 943 (2008)

STATE of Kansas, Appellee, v. Jose L. GARCIA, Appellant.

Court of Appeals of Kansas.

November 26, 2008.


Attorney(s) appearing for the Case

Reid T. Nelson, capital and conflicts appellate defender, of Capital and Conflicts Appeals Office, of Topeka, for appellant.

Don L. Scott, county attorney, and Stephen N. Six, attorney general, for appellee.

Before RULON, C.J., HILL and McANANY, JJ.


HILL, J.

In this appeal, Jose L. Garcia seeks reversal of his driving under the influence of alcohol conviction. He claims errors in a jury instruction and some rulings limiting the defendant's opening statement and then later limiting the defense's cross-examination of a Kansas Highway Patrol trooper. Our review of the record reveals the trial court used PIK Crim.3d 70.02 in this trial. That instruction tells the jury that if a test shows a blood alcohol level of...

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