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STATE v. SMITH

No. 104,839.

268 P.3d 1206 (2011)

46 Kan. App. 2d 939

STATE of Kansas, Appellee, v. Cassidy Lee SMITH, Appellant.

Court of Appeals of Kansas.

December 16, 2011.

Attorney(s) appearing for the Case

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

Amy E. Taylor , assistant county attorney, Ellen Mitchell , county attorney, and Derek Schmidt , attorney general, for appellee.

Before ATCHESON, P.J., ARNOLD-BURGER and BRUNS, JJ.

BRUNS, J.

Cassidy Lee Smith appeals his misdemeanor conviction for driving under the influence of alcohol (DUI) and related charges. Smith argues that the district court erred in denying a motion to suppress the results of an Intoxilyzer 8000 breath test that he took after he was involved in an accident. Although he admits that he consented to taking the breath test, Smith contends the State failed to establish at the suppression...

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