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SOBOTA v. STATE

No. 2D05-1143.

933 So.2d 1277 (2006)

Jack SOBOTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 28, 2006.

Attorney(s) appearing for the Case

Roger D. Futerman and Sean B. Kelly of Roger D. Futerman & Associates, Clearwater, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

FULMER, Chief Judge.

Jack Sobota appeals from his conviction for driving under the influence with serious bodily injury. Because the trial court erred in allowing the State to admit test results from a legal blood draw through a toxicologist who was not involved with the actual testing, we reverse and remand for a new trial.1

At trial, the State called Robin Neuenschwanger, a toxicologist at the Pinellas County Forensic Lab. Her...

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