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561 So. 2d 19

Docket No. 89-1501.

Albritton v. State

James ALBRITTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 10, 1990.

District Court of Appeal of Florida · decided 1990-05-10

Key passage — most relied on by later courts

“The state failed to prove that at the time the blood was withdrawn in this case, the technologist was in fact licensed.”

quoted by 1 later decision, including 775 So. 2d 950 - State v. Miles

Relies on 451 So. 2d 844 - State v. Hogan · Alvarez v. Gersten

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-10

How this case has been cited

Cited by 5 later decisions — most recently February 2018

5 state decisions

30199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3HARRIS, Judge.

¶4James Albritton appeals his conviction for DUI manslaughter. He contends that the trial court erred in permitting into evidence the results of his blood test in contravention to Section 316.1932(1)(f)2, Florida Statutes (1987). We agree and reverse.

¶5*20 As a precondition to the introduction of the results of blood tests, the blood must be withdrawn only by certain named professionals including "duly licensed clinical laboratory technologists or clinical laboratory technicians." The state failed to prove that at the time the blood was withdrawn in this case, the technologist was in fact licensed. The statute must be strictly construed, and the fact that a statutorily unauthorized person withdrew the blood renders the results inadmissible. State v. Roose,450 So.2d 861 (Fla. 3d DCA 1984), rev. denied,451 So.2d 850 (1984).

¶6REVERSED.

¶7DANIEL, C.J., and DAUKSCH, J., concur.

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