JAMES ALBRITTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HARRIS, Judge.
James Albritton appeals his conviction for DUI manslaughter. He contends that the trial court erred in permitting into evidence the results of his blood test in contravention to Section 316.1932(l)(f)2, Florida Statutes (1987). We agree and reverse. As a precondition to the introduction of the results of blood tests, the blood must be withdrawn only by certain named professionals including “duly licensed clinical laboratory technologists or clinical laboratory technicians.” The state failed to prove that at the time the blood was withdrawn in this case, the technologist was in fact licensed. The statute must be strictly construed, and the fact that a statutorily unauthorized person withdrew the blood renders the results inadmissible. State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984), rev. denied, 451 So. 2d 850 (1984).
REVERSED.
DANIEL, C.J., and DAUKSCH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Robertson v. State, 604 So. 2d 783 (Fla. 1992)…of appeal can be understood as resting on the same policies stated in Bender. For example, in some cases the district courts have suppressed evidence from blood samples drawn by persons who completely lacked authorization. E.g., Albritton v. State, 561 So. 2d 19 (Fla. 5th DCA 1990); State v. Roose, 450 So. 2d 861 (Fla. 3d DCA), review denied, 451 So. 2d 850 (Fla.1984). Similarly, such evidence has been suppressed where testing equipment was not properly maintained or stored. Donaldson v. State, 561 So. 2d 6…
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State v. Miles, 775 So. 2d 950 (Fla. 2000)…rovided for under chapter 322, Florida Statutes (1977). . Note that this case is different from many others in that the adequacy of the rule itself was challenged at trial, as opposed to the noncompliance with a rule. See, e.g., Albritton v. State, 561 So. 2d 19, 20 (Fla. 5th DCA 1990) (“The state failed to prove that at the time the blood was withdrawn in this case, the technologist was in fact licensed.”); Donaldson v. State, 561 So. 2d 648, 650 (Fla. 4th DCA 1990) ("For the state to totally omit evidence…
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State v. Slaney, 653 So. 2d 422 (Fla. 3d DCA 1995)…appeal can be understood as resting on the same policies stated in Bender. For example, in some cases in the district courts have suppressed evidence from blood samples drawn by persons who completely lacked authorization. E.g., Albritton v. State, 561 So. 2d 19 (Fla. 5th DCA 1990); State v. Roose, 450 So. 2d 861 (Fla. 3d DCA), review denied, 451 So. 2d 850 (Fla.1984). Similarly, such evidence has been suppressed where testing equipment was not properly maintained or stored. Donaldson v. State, 561 So. 2d 6…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alvarez v. The Honorable David Gersten, 450 So. 2d 861 (Fla. 3d DCA 1983)
- State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984)