State v. Rocha-Mayo
Annotate this CaseDefendant was convicted of first-degree reckless homicide and other crimes arising from a high-speed collision involving Defendant’s vehicle and two motorcycles. During trial, the State introduced the preliminary breath test (PBT) result obtained from Defendant by an emergency room (ER) nurse for diagnostic purposes. The trial court also admitted testimony from Dr. William Falco, an ER physician who treated Defendant, that Defendant appeared to be intoxicated at the time he was undergoing treatment in the ER. The Supreme Court affirmed Defendant’s convictions, holding (1) the circuit court did not abuse its discretion in allowing Dr. Falco’s testimony; and (2) assuming without deciding that the circuit court erred in admitting the PBT result into evidence and in instructing the jury in regard to the PBT, the alleged errors were harmless beyond a reasonable doubt.
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