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RUSSELL v. STATE

District Court of Appeal of Florida, Fourth District.
Dec 19, 2001
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KLEIN, J.

Appellant 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).

In Davis v. State, 562 So.2d 431 (Fla. 1st DCA 1990), the same issue was presented, whether a laboratory report showing cocaine 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.

Affirmed.

STONE and SHAHOOD, JJ., concur.