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People v. Mojica-Simental6/23/2003
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED EN BANC
Opinion modified, and as modified, Petitions for Rehearing DENIED. EN BANC
Opinion modified July 21, 2003
I. Introduction
We granted certiorari in this case to consider two issues: first, whether section 16-3-309(5), 6 C.R.S. (2002), which allows criminalistics laboratory reports to be admitted without the testimony of the lab technician, applies in a driving under the influence (DUI) case; and second, whether section 16-3-309(5) is constitutional. We determine that section 16-3-309(5) does apply in a DUI case and is constitutional on its face.
At the commencement of the jury trial, the county court ruled that blood test results would not be admitted without the testimony of a lab technician under section 16-3-309(5), reasoning that to allow the results would effectively shift the burden of proof to the defense. Further, the county court held that the statute was not applicable in a trial for a DUI charge. On appeal, the district court ruled that the statute applies to all criminal cases where laboratory tests are required. However, the district court further concluded that the statute is unconstitutional because it allows defendants to waive constitutional rights passively, without an affirmative, intelligent, and knowing waiver, thus depriving the defendant of his right to confrontation. The district court stated that, " he legislature cannot make those rights contingent on affirmative action by the defendant."
II. Analysis
As we would not reach the question of the constitutionality of section 16-3-309(5) in this case unless it applies to the trial of DUI cases, we first address the statute's applicability. After determining that section 16-3-309(5) applies at a DUI trial, we next discuss the constitutionality of section 16-3-309(5). In our constitutional analysis, we begin by reviewing the district court's conclusion that section 16-3-309(5) is unconstitutional on its face. This inquiry is followed by a consideration of the defendant's argument that section 16-3-309(5) is unconstitutional as applied.
We hold that, on its face, section 16-3-309(5)'s provision, which requires a defendant to affirmatively request a lab technician's presence at trial, is an acceptable precondition to a defendant's exercise of his right to confrontation and is therefore not unconstitutional. A defendant's right to confrontation is not denied as he can preserve that right, pursuant to section 16-3-309, with minimal effort. Finally, we decide that the defendant's as applied challenge is not actually at issue because the statute has not yet been applied in this case.
A. Section 16-3-309(5) Is Applicable To A Driving Under The Influence Trial
Before we address any constitutional challenges to section 16-3-309(5), we must decide that it applies in the case before us, namely a DUI case. The trial court ruled that section 16-3-309(5) was inapplicable in a DUI case. The appellate court reversed that holding, stating that under the language of section 16-3-309(5), the section is applicable to all criminal cases where laboratory tests are required. We now affirm the district court's decision and hold that section 16-3-309(5) applies in a DUI trial.
In order to determine whether section 16-3-309(5) is applicable in a DUI trial, we must examine the language of section 16-3-309(5) and of the DUI statute, section 42-4-1301, 11 C.R.S. (2002). When interpreting statutes, our primary goal is to give effect to the intent of the legislature. People v. Smith, 971 P.2d 1056, 1058 (Colo. 1999). We first look to th
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