STATE v. PERKINS

No. 112,449.

415 P.3d 460 (2018)

STATE of Kansas, Appellee, v. Dustin Dean PERKINS, Appellant.

Court of Appeals of Kansas.

Opinion filed March 2, 2018.


Attorney(s) appearing for the Case

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

Curtis Brown , special prosecutor, of Hays, Kristafer R. Ailslieger , deputy solicitor general, and Derek Schmidt , attorney general, for appellee.

Before Hill, P.J., McAnany and Atcheson, JJ.


From time to time, the law changes while cases are awaiting appellate review. This is such a case. Dustin Dean Perkins appeals his conviction for driving under the influence of alcohol arising from a trial to the court on stipulated facts. The issue for us to consider is whether his breath test was constitutional and its results admissible...

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