State v. Winson

PERRY, Judge.

This is an appeal from the district court’s order affirming Orville W. Winson’s judgment of conviction for driving under the influence. I.C. §§ 18-8004, -8005(4). Winson claims, as he did before the district court, that the magistrate erred in: (1) instructing the jury that the instrument used to test Winson’s blood alcohol concentration was approved by the State of Idaho; (2) excluding two defense witnesses from testifying as a discovery sanction; and (3) admitting evidence of Winson’s breath test without the proper foundation. 1 After reviewing the record and applicable law, we…