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STATE v. PENDLETON3/26/1993
The test would have been sufficient evidence to justify a conviction under other portions of the statute, but the charge, the trial, and the evidence were all directed toward a per se violation. Based upon the finding made by the trial court, there is insufficient evidence to sustain a per se violation.
Because of this ruling, the remainder of the issues raised by Pendleton need not be considered.
Pendleton's conviction is reversed, and his sentence is vacated.
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