Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Benjamin R. Simpson, District Judge. Hon. Robert Burton, Magistrate.
The opinion of the court was delivered by: Gratton, Chief Judge
Order of the district court on appeal from the magistrate upholding judgment of conviction, affirmed.
Michael Ian Kramer was convicted by a jury of misdemeanor driving under the influence of alcohol, Idaho Code §§ 18-8004, 18-8005(4). On intermediate appeal, the district court affirmed his conviction. Kramer appeals to this Court contending that the magistrate erred by admitting documents that were disclosed the day before trial and that admission of the documents violated his Sixth Amendment right to confront witnesses against him. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Kramer was charged with misdemeanor DUI. On the day of trial, Kramer moved to exclude evidence of the breath test results and Intoxilyzer 5000 certificates, arguing that the State
failed to timely provide all evidence required of it under a discovery request.*fn1 Kramer asserted that the State did not disclose the certificates, which the State intended to use to lay a foundation for admission of the breath test itself, until the day before trial, in violation of Idaho Rules of Evidence 702, 703, and 704. Kramer also argued that the Confrontation Clause required the State to produce not just the certificates, but the live testimony of: (1) the individuals responsible for calibrating the breath testing equipment; (2) the forensic services commander who certified the forensic alcohol test; and (3) the person who prepared the simulator solution, in order for the breath test certificates to be admissible in evidence to lay a foundation for the breath test administered. The magistrate denied the motion. The jury returned guilty verdicts as to the charges of driving under the influence and transporting an open container of alcohol. Kramer appealed to the district court, and the district court affirmed. Kramer timely appeals the decision of the district court.
On review of a decision of the district court, rendered in its appellate capacity, we review the decision of the district court directly. Losser v. Bradstreet, 145 Idaho 670, 672, 183 P.3d 758, 760 (2008); State v. DeWitt, 145 Idaho 709, 711, 184 P.3d 215, 217 (Ct. App. 2008). We examine the magistrate record to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. Losser, 145 Idaho at 672, 183 P.3d at 760; DeWitt, 145 Idaho at 711, 184 P.3d at 217. If those findings are so supported and the conclusions follow therefrom and if the district court affirmed the ...