Justice MARTINEZ, dissenting. I agree with the majority that lab reports are testimonial statements subject to Sixth Amendment protections. However, I disagree with the majority's holding that section 16-3-309(5), C.R.S. (2006), 9 can be constitutionally applied without a proper waiver. In People v. Mojica-Simental, we unanimously concluded that section 16-8-309(5) is facially constitut…
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