Bennett v. State , 570 P.2d 345 ( 1977 )

BRETT, Judge,

specially concurring.

While I concur in this decision, I must point out that I dissented to the decision in Box v. State, supra. Nonetheless, I am not offended by the field test being admitted at the preliminary hearing so long as the chemist appears as the expert witness and identifies the substance at trial. I do not agree that field tests are sufficient to sustain a conviction at trial in matters of this type. Likewise, I agree that it is within the discretion of the trial judge to permit an expert witness to testify after sufficient qualifications have been established.