State v. Chisolm, No. 3649.

• Court: Court of Appeals of South Carolina
• Writing for the Court: MOREHEAD, Acting
• Citation: 584 S.E.2d 401,355 S.C. 175
• Parties: The STATE, Respondent, v. Christopher M. CHISOLM, Appellant.
• Decision Date: 02 June 2003
• Docket Number: No. 3649.

355 S.C. 175
584 S.E.2d 401

The STATE, Respondent,
v.
Christopher M. CHISOLM, Appellant

No. 3649.

Court of Appeals of South Carolina.

Heard March 12, 2003.

Decided June 2, 2003.

Rehearing Denied August 21, 2003.

355 S.C. 177

Assistant Appellate Defender Tara S. Taggart of SC Office of Appellate Defense, of Columbia, for Appellant

Attorney General Henry Dargan McMaster; Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson; Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

MOREHEAD, Acting Judge:

Christopher M. Chisolm appeals his convictions for distribution of crack cocaine and distribution of crack cocaine within the proximity of a school. Chisolm argues the trial court erred: (1) in failing to suppress drug evidence; and (2) in denying his motion for a directed verdict on the proximity charge. We affirm in part, reverse in part, and remand.

FACTS

Rosie Jones purchased crack cocaine from Chisolm while acting as a confidential informant for the York County Multi-Jurisdictional Drug Enforcement Unit (DEU), a division of the Rock Hill Police Department.

On May 9, 2000, Jones paged Chisolm from the Rock Hill Police Department to arrange the drug buy. Chisolm called back and agreed to meet Jones in a motel parking lot. An officer searched Jones prior to the drug transaction and fitted her with a wire. Jones purchased drugs from Chisolm at the motel and returned to the police department.

Jones handed seven small plastic baggies containing a rocklike substance over to Officer Dalton. Dalton placed the baggies into a York County Sheriff's Office evidence bag and sealed it. Dalton placed his initials and date over the seal before placing the evidence bag into a locked metal drop box in the police station.

355 S.C. 178

Dates and signatures on the evidence bag's "Chain of Possession of Evidence" indicate Gary Rollins, a York County Sheriffs Office evidence technician, retrieved the bag from the Rock Hill Police Department drop locker on May 10, 2000. The next notation on the bag indicates the evidence bag was transferred from Rene Sealy, also an evidence technician, to Cynthia Taylor on June 15, 2000. There is nothing on the bag or in the record to indicate how long Rollins possessed the bag, in what condition he received it, or where it was stored. Likewise, there is no indication of when or how Sealy came into possession of the evidence or in what condition she received it. Neither Rollins nor Sealy testified at trial

Cynthia Taylor is an employee of the Sheriffs Office Drug Analysis Laboratory. Taylor did not begin working for the laboratory until May 29, 2000. Taylor testified that the evidence "stayed down in the evidence vault [in the Sheriffs Office]" until June 15, 2000. Taylor tested the substance inside the evidence bag and it tested positive for crack cocaine. Before testing the substance, Taylor inspected the bag for evidence of tampering, making sure it was sealed and had no openings.

At trial, Chisolm objected to the introduction of the evidence bag containing the crack cocaine. Chisolm argued the chain of custody had not been established. The trial court overruled the objection and admitted the drugs into evidence.

To prove the proximity charge Officer Dalton testified the sale of crack cocaine took place within one-half mile of the York County Adult Education Center. Dalton identified the Center as a public school. The State introduced a map depicting the Center within one-half mile of the motel where Chisolm sold the crack cocaine. Dalton generated the map by using a mapping program in the City Hall's Planning Division office that highlights any schools or parks within the Rock Hill city limits.

At the close of the State's case, Chisolm moved for a directed verdict on the proximity charge, arguing the State failed to present evidence of a transaction that occurred within one-half mile of a school. The trial court denied the motion, finding there was evidence in the record by which the jury

355 S.C. 179

could conclude the transaction occurred within one-half mile of a school

The jury found Chisolm guilty on both charges. The trial court sentenced Chisolm to twelve-year concurrent sentences on each count. This appeal follows.

ISSUES

I. Did the trial court err in admitting the crack cocaine into evidence?

II. Did the trial court err in denying Chisolm's motion for a directed verdict concerning whether the distribution of crack cocaine occurred within one-half mile of a school?

LAW/ANALYSIS

I. Chain of Custody

Chisolm argues the trial judge erred in admitting the crack cocaine into evidence because the State failed to prove a sufficient chain of custody. Chisolm contends the chain of custody is incomplete and has not been established pursuant to Rule 6(b), SCRCrimP.

A complete chain of evidence, tracing possession from the evidence's initial control to its final analysis, must be established as far as practicable. State v. Carter, 344 S.C. 419, 544 S.E.2d 835 (2001). A missing link in a chain of custody creates an...