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STATE v. BENSON

No. 97,905.

287 P.3d 927 (2012)

STATE of Kansas, Appellee, v. Daniel A. BENSON, Appellant.

Supreme Court of Kansas.

November 9, 2012.

Attorney(s) appearing for the Case

Shawn E. Minihan , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Natalie A. Chalmers , assistant district attorney, argued the cause, and Jamie L. Karasek , assistant district attorney, Robert D. Hecht , district attorney, and Steve Six , attorney general, were on the brief for appellee.

The opinion of the court was delivered by JOHNSON, J.:

Daniel A. Benson seeks review of the Court of Appeals' decision affirming his conviction and sentence for felony DUI. Benson's primary argument is that the district court violated his right of confrontation under the Sixth Amendment to the United States Constitution by admitting into evidence the certificate of calibration for the Intoxilyzer 5000 machine used to determine the level of alcohol in Benson's breath...

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