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801 So. 2d 999

Docket No. 4D00-4590.

Russell v. State

Anthony RUSSELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 19, 2001.

District Court of Appeal of Florida · decided 2001-12-19

Cited by 2 later decisions — most recently August 2006

2 state decisions

Relies on Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-19

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¶1Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Susan Odzer Hugentugler, Assistant Attorney General, Fort Lauderdale, for appellee.

¶3KLEIN, J.

¶4Appellant appeals a finding that he violated community control. He argues that the trial court erred in allowing the state to introduce a report of his positive urinalysis test results for cocaine as a business record under section 90.803(6), Florida Statutes (2000).

¶5In Davis v. State,562 So.2d 431 (Fla. 1st DCA 1990), the same issue was presented, whether a laboratory report showing cocaine *1000 in a urine sample was admissible as a business record in a probation violation hearing. Relying on federal cases, the first district concluded that the report was admissible as a business record. We agree with the reasoning of Davis. We also reject appellant's argument that he was entitled to credit for time served.

¶6Affirmed.

¶7STONE and SHAHOOD, JJ., concur.

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