STATE v. CRANE

No. A08-0377.

766 N.W.2d 68 (2009)

STATE of Minnesota, Respondent, v. Kenneth William CRANE, Appellant.

Court of Appeals of Minnesota.

June 2, 2009.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, Eileen Wells, Mankato City Attorney, Christopher D. Cain, Assistant City Attorney, Mankato, for respondent.

Lawrence Hammerling, Chief Appellate Public Defender, Jessica Merz Godes, Assistant Public Defender, St. Paul, for appellant.

Considered and decided by JOHNSON, Presiding Judge; HALBROOKS, Judge; and ROSS, Judge.


OPINION

HALBROOKS, Judge.

Before his trial for third-degree driving while impaired (DWI), Kenneth William Crane moved the district court to order the prosecution to disclose the computer source code for the Intoxilyzer breath-test machine. The district court denied that motion on the basis that the state did not possess or control the source code, and a jury found Crane guilty on two counts of third-degree DWI. On appeal, Crane argues that the district court...

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