Hinojos-Mendoza v. People

In this case we must decide the constitutionality of section 16-8-809(5), C.R.S. (2006),1 in light of the United States Supreme Court's decision in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). The Petitioner, Oscar Hinojos-Men-doza, argued in the court of appeals that Crawford rendered section 16-3-809(5) facially unconstitutional, and that the statute is unconstitutional as applied to him. The court of appeals declined to address the facial and as-applied challenges because Hinojos-Mendoza did not raise them in the trial court, but did hold that the lab report…