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Walters v. State3/25/1999
engaged in by persons who have theretofore been convicted of some other offense and to apply the statute to one whose earlier offense and conviction predated the enactment of this statute."
Finally, Walters argues that Judge Sanders should have suppressed his breath-test result on two grounds (that Pyles did not allow him to conduct his telephone calls in adequate privacy and that Pyles did not adequately observe him for fifteen minutes before administering the breath test). However, we need not decide this issue.
In his pleadings in the trial court, Walters did not ask to suppress the results of the blood test. In fact, Walters stipulated that his blood-test result was 0.204. Judge Sanders found that the blood-test result established proof of Walters' alcohol level. Any error from not suppressing the breath-test result was harmless.
We AFFIRM the conviction.
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