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United States v. Caldera

United States Court of Appeals, Fifth Circuit. Unit A
Dec 4, 1980
631 F.2d 1227 (5th Cir. 1980)

Summary

holding introduction of laboratory test through police officer, and not laboratory personnel, did not comport with defendant's right of confrontation and to cross-examine adverse witnesses

Summary of this case from State v. Sanchez

Opinion

No. 80-1299. Summary Calendar.

December 4, 1980.

J. Roberto Rodriguez, Knox Jones, McAllen, Tex., for defendant-appellant.

John M. Potter, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Texas.

Before BROWN, POLITZ and TATE, Circuit Judges.


Appellant, Lazaro Baltazar Caldera, appeals from a February 26, 1980 decision of the District Court revoking his probation. The District Court's decision was based, in part, on the Court's finding that on January 6, 1980, Caldera was in possession of a quantity of cocaine, discovered by police officers during an arrest of Caldera and a search of his car. Caldera complains that testimony and evidence introduced at his probation revocation hearing denied him his right to confront and cross-examine witnesses. Specifically, Caldera complains of (i) the introduction of a laboratory report proving positive for cocaine through the testimony of a police officer who did not participate in the chemical analysis or preparation of the report, and (ii) the testimony of a police officer concerning a field test which proved positive for cocaine, where the testifying officer, though present during the field test, did not actually perform the test. Caldera's complaints are not without merit. We, therefore vacate and remand with instructions that Caldera be entitled to another evidentiary hearing comporting more fully with Caldera's right to confront and cross-examine witnesses. See United States v. Cain, 615 F.2d 380 (5th Cir. 1980).

VACATED and REMANDED.


Summaries of

United States v. Caldera

United States Court of Appeals, Fifth Circuit. Unit A
Dec 4, 1980
631 F.2d 1227 (5th Cir. 1980)

holding introduction of laboratory test through police officer, and not laboratory personnel, did not comport with defendant's right of confrontation and to cross-examine adverse witnesses

Summary of this case from State v. Sanchez

In United States v. Caldera (5th Cir. 1980) 631 F.2d 1227, however, the court reversed and remanded a parole revocation when a police officer who had not participated in the preparation or analysis of laboratory tests for cocaine was permitted to testify.

Summary of this case from People v. Brown
Case details for

United States v. Caldera

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. LAZARO BALTAZAR CALDERA…

Court:United States Court of Appeals, Fifth Circuit. Unit A

Date published: Dec 4, 1980

Citations

631 F.2d 1227 (5th Cir. 1980)

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