State v. Morales

OPINION

BOSSON, Chief Judge.

{1} In this case we decide, as an issue of first impression, that the State must prove the scientific reliability of a drug field test in a manner consistent with the Daubert/Alberico standard, if it wishes to use the results of that test at trial to identify a controlled substance. Because the State offered no such foundation, we reverse Defendant’s conviction for possession of heroin and remand for a new trial on that charge. We affirm Defendant’s remaining convictions for aggravated assault (deadly weapon) and aggravated battery on a peace officer (deadly weapon).