COMMONWEALTH OF PENNSYLVANIA v. JENNIFER ANN BARTON-MARTIN

COMMONWEALTH OF PENNSYLVANIA v. JENNIFER ANN BARTON-MARTIN No. 1080 MDA 2009 2010 PA Super 163 Atlantic: n/a Filed: 9/8/2010
	Appeal from the Judgment of Sentence entered January 26, 2009, in the Court of Common Pleas of York County, Criminal Division, at No. CP-67-CR-0000809-2008.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellant, Jennifer Ann Barton-Martin, appeals from the judgment of sentence entered on January 26, 2009, as made final when Appellant’s post-sentence motions were deemed denied by operation of law, sentencing her for convictions on two counts of driving under the influence, 75 Pa.C.S.A. § 3802(a)(1) (general impairment) and 75 Pa.C.S.A. § 3802(c) (highest rate). Among other claims raised on appeal, Appellant challenges the admission of blood-alcohol test results offered to establish her guilt under § 3802(c) based on the recent United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009). In Melendez-Diaz, the Court held that lab reports admitted to establish a defendant’s guilt constituted testimonial statements covered by the Confrontation Clause of the United States Constitution and that such reports were inadmissible unless the defendant had the opportunity to cross-examine the lab analyst at trial.

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