State v. Allen

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED OCTOBER 24, 2007 IS HEREBY WITHDRAWN

LANSING, Judge.

This is the State’s appeal from the district court’s appellate decision and order reversing Michael Duane Allen’s conviction for driving under the influence of alcohol on the grounds that the magistrate abused its discretion by declining to exclude a non-disclosed State’s witness as a discovery sanction.

I

FACTUAL & PROCEDURAL BACKGROUND

Allen was arrested on suspicion of driving under the influence. Because the county’s breath testing machine was out-of-service, Allen was transported to a local…