State v. Hurley

BROCK, Chief Judge.

Defendant concedes that if there is no error in his trial and conviction in case No. 75CR157, there is likewise no error in the revocation of his probation in case No. 71CR2314.

The primary thrust of defendant’s appeal is that the trial court committed error in allowing the breathalyzer test results in evidence. Defendant sought and was denied a voir dire hearing upon whether the breathalyzer operator followed each and *480every procedural step prescribed by the Commission for Health Services. It seems to be defendant’s contention that the trial judge was obligated to permit the…