The opinion
BUSSEY, Presiding Judge,
concurring:
Although aware that he had failed to establish that the maintenance procedures on the breathalyzer equipment had been complied with, the prosecutor failed to elicit sufficient testimony to establish compliance. That he intended to do so is evidenced by his statements in the record; that he apparently forgot to do so thereafter is equally supported by the record. The State’s assertion that the procedural requirements were established by Trooper Ruggs’ affirmative answer to a prosecuto-rial question regarding whether the trooper had set the machine up and gone through all the procedures he had been taught is patently frivolous, as it wholly omits what the procedures were and the manner of compliance.