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548 A.2d 1390

State v. Dana

Supreme Judicial Court of Maine

Decided October 21, 1988

Supreme Judicial Court of Maine · decided 1988-10-21

Relies on State v. Mason

Decided 1988-10-21

¶1MEMORANDUM OF DECISION.

¶2The State appeals pursuant to 15 M.R.S. A. § 2115-A(1) (1979) from an order of the Superior Court (Washington County, Sils-by, J.) suppressing the results of a breath test administered to defendant because of the failure of a police officer to appear as a witness at the time of hearing. We find no abuse of discretion on the facts set forth in this record. See State v. Mason, 408 A.2d 1269, 1272 (Me.1979).

¶3The entry is:

¶4JUDGMENT AFFIRMED.

¶5All concurring.

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