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STATE v. STEGMAN

No. 100,375.

203 P.3d 52 (2009)

STATE of Kansas, Appellant, v. Jeremiah STEGMAN, Appellee.

Court of Appeals of Kansas.

March 20, 2009.

Attorney(s) appearing for the Case

Jennifer R. O'Hare, county attorney, and Stephen N. Six, attorney general, for appellant.

Michael S. Holland II, of Holland and Holland, of Russell, for appellee.

Before BUSER, P.J., ELLIOTT, and GREEN, JJ.

GREEN, J.

Jeremiah Stegman was charged with driving under the influence (DUI) of alcohol. Stegman moved to suppress the blood test results, arguing that the medical assistant who withdrew the blood was not qualified to do so. The trial court determined that, as a matter of law, the medical assistant was not qualified to withdraw blood under the relevant statute. On appeal, the State contends that the trial court improperly suppressed the blood test results. We disagree...

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