No. 16662-KW Precedential Processed

State v. Dangerfield

Louisiana Court of Appeal, Second Circuit · Filed October 31, 1984 · 459 So. 2d 171

Cited by

State v. Blake 575 So. 2d 906 La. Ct. App. 2d Cir. 1991

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Junell 308 So. 2d 780
State v. Bruins 315 So. 2d 293
State v. Krause 405 So. 2d 832
State v. Gregory 403 So. 2d 1225
State v. Morrison 392 So. 2d 1037

Opinion text

MARVIN, Judge. We granted a writ of review and ordered the record of Dangerfield’s conviction of DWI 2d offense to be filed in this court. This record clearly shows that the trial court erred in admitting, over defendant’s objection, the results of a test made of defendant’s blood by a medical technician without first requiring the State to show that the technician held a valid permit to administer such a test and that the test was made in accord with the procedures and techniques officially promulgated by the Department of Public Safety. LRS 32:663, 664. State v. Junell, 308 So.2d 780 (La.1975); State v. Bruins, 315 So.2d 293 (La.1975); State v. Krause, 405 So.2d 832 (La.1981). Under these circumstances, the conviction must be reversed and the case must be remanded to allow defendant to be retried. State v. Gregory, 403 So.2d 1225 (La.1981); State v. Morrison, 392 So.2d 1037 (La.1980). The other assignments of error need not be considered. REVERSED and REMANDED for a new trial.