PEOPLE v. MOJICA-SIMENTAL

No. 02SC44.

73 P.3d 15 (2003)

The PEOPLE of the State of Colorado, Petitioner, v. Miguel MOJICA-SIMENTAL, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 21, 2003.


Attorney(s) appearing for the Case

G.F. Sandstrom, District Attorney, M. Katherine Howard, Deputy District Attorney, Pueblo, Colorado, Attorneys for Petitioner.

David S. Kaplan, Colorado State Public Defender, Tracy C. Renner, Deputy State Public Defender, Denver, Colorado, Attorneys for Respondent.


Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

We granted certiorari in this case to consider two issues: first, whether section 16-3-309(5), 6 C.R.S. (2002), which allows criminalistics laboratory reports to be admitted without the testimony of the lab technician, applies in a driving under the influence (DUI) case; and second, whether section 16-3-309(5) is constitutional. We determine that section 16-3-309(5) does apply in a DUI...

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