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STATE v. HAMILTON

No. 104,623.

259 P.3d 744 (2011)

46 Kan.App. 2d 31

STATE of Kansas, Appellee, v. Eric W. HAMILTON, Appellant.

Court of Appeals of Kansas.

July 1, 2011.

Attorney(s) appearing for the Case

Michael S. Holland II , of Russell, for appellant.

Gaten T. Wood , assistant county attorney, and Derek Schmidt , attorney general, for appellee.

Before GREENE, C.J., MALONE and BRUNS, JJ.

GREENE, C.J.

Eric W. Hamilton appeals his conviction of driving under the influence of alcohol (2nd offense), arguing that the district court erred in denying a motion to suppress evidence of breath test results due to a lack of foundation. We disagree and affirm Hamilton's conviction.

Hamilton was charged with driving under the influence of alcohol after being arrested and agreeing to a breath test on the Intoxilyzer 8000, which indicated a breath alcohol...

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