effort to spell out a comprehensive definition of ‘testimonial.’ ” Id. Following Crawford, the issue facing the courts has been defining which hearsay statements are testimonial. Consistent with Crawford’s dictates, Florida courts have held that some documents admissible as business or public records are testimonial and some are not. In determining whether the documents are testimonial, the courts have focused on whether the document is accusatory and intended to bear witness against the accused, whether the document is routinely kept as part of a business’s operations or is, instead, prepared or kept at the request of law enforcement, and whether the document contains expressions of opinion or conclusions requiring the exercise of discretion. See State v. Johnson, 982 So.2d 672 (Fla.) (<HOLDING>), cert. dismissed, — U.S.-, 129 S.Ct. 28, 171
holding that lab reports are accusatory and subject to confrontation clause holding that fdle lab report reflecting that substances possessed by defendant were marijuana and cocaine was testimonial as such document was accusatory was prepared by law enforcement pursuant to a police investigation and was admitted to establish an element of the crime holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged holding that state bureau of criminal apprehension laboratory report offered at trial to prove that substance seized from defendant was cocaine was clearly prepared for litigation and was testimonial holding lab report properly admitted as business record supported finding of violation of probation