State v. Garcia

Hill, J.:

In this appeal, Jose L. Garcia seeks reversal of his driving under the influence of alcohol conviction. He claims errors in a jury instruction and some rulings limiting the defendant’s opening statement and then later limiting the defense’s cross-examination of a Kansas Highway Patrol trooper. Our review of the record reveals the trial court used PIK Crim. 3d 70.02 in this trial. That instruction tells the jury that if a test shows a blood alcohol level of .08 or more in the defendant’s blood, the jury can assume the defendant was under the influence of alcohol. That is an accurate…