California Court of Appeal

Conviction of defendant for resisting arrest and possession of methamphetamine and sentence to 3 years' probation plus 180 days in custody to be served on weekends is affirmed in part and reversed in part as to the conviction for drug possession where the fact that the analyst's laboratory notes were made in the regular course of business does not eliminate their testimonial nature, and thus, the trial court erred in admitting the RFA as a business record without affording defendant an opportunity to cross-examine its creator.

Appellate Information

• Decided 02/24/2010
• Published 02/24/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Lewis A. Wenzell, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez, Andrew Mestman and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.