JOHNSON v. STATE

No. 2D04-3460.

929 So.2d 4 (2005)

Lorenzo Cephus JOHNSON a/k/a Lorenzo Ceatus Johnson a/k/a Clarence Flowers, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

Lorenzo Cephus Johnson challenges, on Confrontation Clause grounds, the admission of a Florida Department of Law Enforcement (FDLE) lab report establishing the illegal nature of substances he possessed when the person who performed the test did not testify. We conclude the lab report was testimonial hearsay admitted despite the declarant's availability to testify; therefore, we reverse Johnson's convictions for possession of cocaine, introduction...

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