ANTHONY RUSSELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KLEIN, J.
Appellant appeals a finding that he violated community control. He argues that the trial court erred in allowing the state to introduce a report of his positive urinalysis test results for cocaine as a business record under section 90.803(6), Florida Statutes (2000).
In Davis v. State, 562 So. 2d 431 (Fla. 1st DCA 1990), the same issue was presented, whether a laboratory report showing co caine in a urine sample was admissible as a business record in a probation violation hearing. Relying on federal cases, the first district concluded that the report was admissible as a business record. We agree with the reasoning of Davis. We also reject appellant’s argument that he was entitled to credit for time served.
Affirmed.
STONE and SHAHOOD, JJ., concur.
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Martin v. State, 936 So. 2d 1190 (Fla. 1st DCA 2006)…e laboratory, when made on a routine basis, were admissible as business records if the defendants did not challenge the reliability of these reports. Id. at 1359-60. [*1195] The Fourth District agreed with the reasoning of Davis in Russell v. State, 801 So. 2d 999, 1000 (Fla. 4th DCA 2001). While the Fourth District recently held that an affidavit attesting to an alcohol breath test was not admissible under Crawford, it did not mention Russell. Belvin v. State, 922 So. 2d 1046, 1054 (Fla. 4th DCA 2006). I rec…
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M.M. v. State, 839 So. 2d 881 (Fla. 4th DCA 2003)…consisted only of inadmissible hearsay. Sagner v. State, 776 So. 2d 1088 (Fla. 4th DCA 2001) (revocation of probation cannot stand on hearsay evidence alone). Third, no foundation was laid for an exception to the hearsay rule. Cf. Russell v. State, 801 So. 2d 999 (Fla. 4th DCA 2001) (affirming the revocation of probation based on hearsay evidence that was established as a business record exception). And fourth, the state never introduced the purported business records to substantiate any of the violations al…
Authorities Cited
- Davis v. State, 562 So. 2d 431 (Fla. 1st DCA 1990)