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STATE v. MORALES

No. 21,324.

45 P.3d 406 (2002)

132 N.M. 146

2002-NMCA-052

STATE of New Mexico, Plaintiff-Appellee, v. Mitchell MORALES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 24, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, NM, for Appellee.

Liane E. Kerr, Albuquerque, NM, for Appellant.

Certiorari Denied, No. 27,452, April 24, 2002.

OPINION

BOSSON, Chief Judge.

{1} In this case we decide, as an issue of first impression, that the State must prove the scientific reliability of a drug field test in a manner consistent with the Daubert/Alberico standard, if it wishes to use the results of that test at trial to identify a controlled substance. Because the State offered no such foundation, we reverse Defendant's conviction...

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