No. 56076-0-I.The Court of Appeals of Washington, Division One.
April 23, 2007.
Appeal from a judgment of the Superior Court for King County, No. 04-2-23163-9, Paris K. Kallas, J., entered March 22, 2005.
Reversed and remanded by unpublished per curiam opinion.
PER CURIAM.
This court granted discretionary review of the trial court decision reversing the Department of Licensing’s decision to suspend Thomas Harp’s driver’s license on one issue: whether the Department produced prima facie evidence under RCW 46.61.506(4)(a)(iv) that the simulator thermometer used for breath tests occurring before June 10, 2004 was approved by the State toxicologist. The Department and Harp have filed a stipulated motion for summary determination on the merits on the ground that the issue is controlled by Letourneau v. Dep’t of Licensing, 131 Wn. App. 657, 128 P.3d 647, review denied, 158 Wn.2d 1005 (2006). The parties also seek a remand to the superior court for resolution of the remaining issues. The stipulation is well taken.
Reversed and remanded.
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