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State v. Doucette4/6/2005
able to Defendant. If Defendant wanted the specific documents, it became his responsibility to request them. Further, Defendant requested "all reports, memoranda or other internal State documents made by the District Attorney or agents of the State in connection with the investigation or prosecution of the case." The requested documents were not made "in connection with the investigation or prosecution of the case," but were made in the normal course of the operation and procedure of the testing equipment.
Finally, La.R.S. 15:499, et seq., is not applicable in this instance. While the statute is pertinent to evidence certified by a criminalistic laboratory and testified to by, for example, a coroner, forensic pathologist, or other persons who gather, examine and analyze physical evidence, the fact that the analyst was called to testify caused the certificate not to be prima facie proof of its contents. La.R.S. 15:500(B)(1).
In that regard, Defendant does not challenge the accuracy of the Intoxilyzer 5000 machine, the ability of the Trooper to accurately operate the machine, or the results of the testing. He argues only that the evidence of certification should not have been allowed into evidence because the State failed to produce copies of the certification during discovery. As we have stated, there is no requirement that the State produce to Defendant copies of the certifications, unless requested, in which case the State is required to make the documents available. There was no specific request for those documents by Defendant. Accordingly, the trial court did not err when it allowed the certification documents to be admitted into evidence; this assignment of error is without merit.
ERRORS PATENT
In accordance with La.Code Crim.P. art. 920, we review all appeals for errors patent on the face of the record. After reviewing the record, we find there is one error patent. The record does not reflect that Defendant was informed of the two-year prescriptive period for filing post-conviction relief as required by La.Code Crim.P. art. 930.8. Thus, the trial court should be directed to inform Defendant of the provisions of Article 930.8 by sending appropriate written notice to him within ten days of the rendition of this opinion and to file written proof that he received the notice in the record of the proceedings.
CONCLUSION
Defendant's conviction is affirmed. However, the trial court is directed to inform Defendant of the provisions of La.Code Crim.P. art. 930.8 by sending appropriate written notice to him within ten days of the rendition of this opinion and to file written proof that he received the notice in the record of the proceedings.
AFFIRMED WITH INSTRUCTIONS.
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