State v. George

Six, J.:

Defendant-appellant Gregory George appeals his conviction for driving under the influence of alcohol, K.S.A. 1987 Supp. 8-1567. George contends the trial court erred in admitting the results of the State’s breath test, K.S.A. 1987 Supp. 8-1004. George also challenges the sufficiency of the evidence supporting his conviction.

The issues are: (1) Did the district court err in admitting into evidence the State’s breath test? (2) Was the admission of the State’s test harmless error?

We find error and reverse the trial court’s ruling on issue one. Issue two is answered, “No.” The case is…