Mann v. State

The state failed to show that the Roche "On Track TesTstik" test-a urine test for the presence of drugs-had reached a scientific state of verifiable certainty, which would allow its admission in the absence of expert testimony.

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We granted Sean Mann’s application for discretionary appeal of the trial court’s order revoking the remaining 14 years of his probation. Mann contends that the trial court erred by admitting the results of a Roche “OnTrack TesTstik” without a showing that the test had reached a scientific state of verifiable certainty, which would allow admission of the test’s results in the absence of expert testimony. For the reasons set forth below, we agree, vacate the trial court’s order revoking the balance of Mann’s probation, and remand this case with direction. A court may revoke probation based upon alleged violations of probation conditions if “evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.” OCGA § 42-8-34.1 b. And this Court will not interfere with a revocation absent manifest abuse of discretion on the part of the trial court. Cheatwood v. State , 248 Ga. App. 617, 621 2 548 SE2d 384 2001. Accordingly, “if admissible evidence is presented in support of the allegations regarding revocation of probation, this court will affirm.” Citations and punctuation omitted. Young v. State , 265 Ga. App. 425, 426 594 SE2d 667 2004.

Viewed in this light, the record shows that, on July 7, 1997, Mann was sentenced to 20 years of probation for aggravated assault and five years probation for possession of a firearm by a convicted felon, to be served concurrently. The trial court imposed general conditions of probation and special conditions requiring Mann to pay restitution to the victims and to serve 120-180 days in a detention center.

Mann v. State

The state failed to show that the Roche "On Track TesTstik" test-a urine test for the presence of drugs-had reached a scientific state of verifiable certainty, which would allow its admission in the absence of expert testimony.

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