People v. Robledo

Defendant was convicted, after jury trial, of driving with blood alcohol concentration (BAC) of 0.08 or more. Defendant did not object to breath-test result's admission into evidence. Jury heard that breath-test machine was subject to a 0.005 margin of error, and jury also heard arresting officer's testimony and received printouts of readings showing results of accuracy tests and Defendant's result. Jury was properly instructed. The weight to be given State's evidence was for the jury to decide.  Any rational trier of fact could have found Defendant guilty of offense charged, based on reading of 0.082 BAC taken from breath-test machine.(HUDSON and HUTCHINSON, concurring.)