State v. McGinn
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The Supreme Court reversed the decision of the district court affirming Defendant's conviction for driving under the influence, second offense, holding that the district court erred in affirming the conviction after finding that the county court erred in admitting breath test evidence.
The district court determined that the county court erred in admitting breath test evidence but affirmed the conviction, concluding that there was sufficient evidence to support the conviction. The Supreme Court reversed, holding that the county court's consideration of the breath test evidence, which the district court later found inadmissible, was not harmless error.
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