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City of West Fargo v. Hawkins9/6/2000
his credibility, a matter for the trier of fact. But, this step goes to the chain-of-custody component under Schwalk, and could not have affected the scientific accuracy or reliability of the test results. Officer Sall cleared up any gap in the chain of custody when he testified the blood kit box remained in his possession at all times and he affixed the shipping label a short time after leaving the hospital. Under these circumstances, we conclude the trial court did not err in admitting the blood test results.
B.
[ ] Hawkins further asserts the trial court erred in admitting the blood test results because N.D.C.C. § 39-20-07(8) requires the prosecution to introduce a certified copy of the analytical blood test report. Section 39-20-07(8), N.D.C.C., provides:
A certified copy of the analytical report of a blood, urine, or saliva analysis referred to in subsection 5 and which is issued by the state toxicologist must be accepted as prima facie evidence of the results of a chemical analysis performed under this chapter. The certified copy satisfies the directives of subsection 5.
[ ] The challenged exhibit in this case, Exhibit 3, is a two-page document. The first page is an original, notarized statement signed by Aaron Rash, the State Toxicologist, certifying that the attached documents are identical to the originals on file at the Toxicology Laboratory, and that the analysis of Hawkins's blood had been performed by a certified operator according to the method and with a device approved by the State Toxicologist. Attached to Rash's certification page is a photocopy of the blood submission portion of Form 104 and the analytical blood test report.
[ ] We have specifically approved use of this exact certification procedure. In Tabert v. North Dakota Department of Transportation, 1997 ND 39, 9, 560 N.W.2d 883, and State v. Asbridge, 555 N.W.2d 571, 574 (N.D. 1996), we held that a separate certification page identical to the one in this case satisfied the certification requirements of N.D.C.C. § 39-20-07. We conclude the trial court did not err in admitting the analytical blood test report.
IV.
[ ] We have considered the remaining arguments raised by Hawkins and find them to be without merit. The judgment of conviction is affirmed.
[ ]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
John C. McClintock, D.J.
[ ] The Honorable John C. McClintock, Jr., D.J., sitting in place of Kapsner, J., disqualified.
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