BABER v. STATE

No. 98-1531.

738 So.2d 379 (1999)

James C. BABER, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 23, 1999.


Attorney(s) appearing for the Case

Bruce Rogow and Beverly A. Pohl of Bruce Rogow, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of DUI manslaughter and DUI with personal injury. He asserts that the trial court erred in allowing into evidence a blood alcohol report prepared for medical purposes at the hospital where he was treated for injuries after the accident. More specifically, he argues that the court should not have allowed the report in as a business record of the hospital, where the technician who performed the test did not testify. He recognizes that...

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