State v. Thomas

OPINION

HANKINSON, Justice.

The State appeals the trial court’s order granting Latun Thomas’s motion to suppress the results of his intoxilyzer breath test and related evidence. Appellee claims the State obtained this evidence in violation of federal and state law. The appellate record, however, was not filed on its due date, September 23, 1996. Instead, the transcript and the statement of facts were tendered on October *5412, 1996 and October 4, 1996, respectively. The Clerk of this Court notified the State by letters that neither the transcript nor the statement of facts was timely filed. The…