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People v. Mojica-Simental6/23/2003
his statute has not yet been applied to Mojica-Simental at all; the lab report in this case was not admitted without an opportunity for the defendant to confront and cross-examine the lab technician, and thus, Mojica-Simental was never deprived of his constitutional right to confrontation. Nor will Mojica-Simental be prevented from exercising his right to confrontation when this case is remanded, as it will only be necessary for him to notify the prosecution ten days before the rescheduled trial if he wants the lab technician to testify in person. Thus, this statute has not been applied to deprive Mojica-Simental of any constitutional right, nor is it likely to be so applied to him in the future.
III. Conclusion
We decide today that section 16-3-309(5) does apply in a DUI case. Additionally, we hold that the requirement that a defendant must request a lab technician's presence at trial is an acceptable precondition to the exercise of a defendant's right to confrontation. Therefore, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
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