Nolan

Here we hold that the Kelly/Frye test does not bar admission into evidence of an ADX Abbott Bench Analyzer (hereafter sometimes ADX Abbott) urinalysis test. [1]

Jennifer Maxine Nolan appeals a judgment finding that she violated her probation by testing positive for drug use. The court sentenced her to serve 120 days in jail. We affirm.

Nolan pled no contest to passing a bad check (Pen.Code, § 476) in 1998. Her terms of probation required her to submit to drug testing and not to use or possess illegal drugs. In 2000 the court ordered her to participate in the drug court program.

Nolan gave a container with her urine sample to Debra Glenn, a counselor in her drug court program. Michael Bove, the program coordinator of the San Luis Obispo drug court, tested that sample which was "positive for marijuana, THC." At Nolan's probation revocation hearing, Bove testified he used an ADX Abbott Bench Analyzer to test the urine sample.

Nolan's counsel objected to the introduction of the results on the basis of the Kelly/Frye doctrine. He claimed there was no foundation for the accuracy or scientific acceptance of the machine. The court overruled the objection. Bove testified…