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MATTHIES v. STATE

No. 2010-KM-00783-COA.

85 So.3d 872 (2011)

Andrew MATTHIES a/k/a Andrew K. Matthies, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied September 27, 2011.

Attorney(s) appearing for the Case

Kevin Dale Camp , Jackson, attorney for appellant.

Office of the Attorney General by John Hedglin , Madison, Billy L. Gore , Scott Stuart , Jackson, attorneys for appellee.

Before IRVING, P.J., BARNES and MAXWELL, JJ.

MAXWELL, J., for the Court:

¶ 1. Andrew Matthies appeals his conviction for driving under the influence, first offense. His voluntary breath sample on the Intoxilyzer 8000 administered at the police station registered a blood-alcohol content (BAC) in excess of Mississippi's legal limit of .08%. He argues the admission of intoxilyzer calibration records violated his confrontation rights because the person who calibrated the machine did not testify. We find the...

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