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[T] State v. Simmons6/1/2004
t in Rasmussen denied the defendant's request for a new trial.
In the case sub judice, as in Rasmussen, the trial court precluded the State from introducing evidence of the field sobriety tests and limited defendant's trial to a determination of whether he had a blood alcohol concentration of 0.08 or more in violation of G.S. 20-138.1(a)(2). Thus, defendant can show no prejudice from the denial of access to his wife. Accordingly, based on Rasmussen, we affirm. Affirmed.
Judges TIMMONS-GOODSON and CALABRIA concur.
Report per Rule 30(e).
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