People v. Santana

I. Introduction

In People v. Santana, 240 P.3d 302 (Colo.App.2009), the court of appeals reversed Gonzalo Dalimiro Santana's conviction for distributing a controlled substance, conelud-ing that the prosecution had, in violation of his constitutional rights, shifted the burden of proof to him at trial. In its case-in-chief, the defense called an expert to testify that the prosecution's tests conducted on the substance alleged to be erack cocaine were only screening tests, which did not conclusively show that the substance was crack cocaine. According to the court of appeals, the prosecutor…