State v. Decker

Citation317 N.W.2d 138
Decision Date25 February 1982
Docket NumberNo. 13492,13492
PartiesSTATE of South Dakota, Plaintiff and Appellee, v. William Lawrence DECKER, Defendant and Appellant. . Considered on Briefs
CourtSupreme Court of South Dakota

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Richard Braithwaite, Sioux Falls, for defendant and appellant.

DUNN, Justice.

Defendant William Lawrence Decker appeals from a jury verdict finding him guilty of robbery in the first degree and grand theft. We affirm the judgment.

Shortly after 1:00 a. m. on February 18, 1981, a man wearing blue denim jeans, a denim jacket, and black shoes or cowboy boots, with a paper sack mask over his head, entered the Sub Shop in Sioux Falls, South Dakota. He pulled a gun from his pocket, pointed it at the employee on duty and indicated he wanted the money from the cash register. The employee handed him approximately $560.00 in cash and checks, including one $50.00 bill and twenty-five $1.00 bills clipped together. The robber then fled.

A few minutes later, defendant was observed riding as a passenger in an automobile one-half mile from the vicinity of the robbery. About 1:30 a. m. the automobile was stopped and the two occupants were searched. $479.00 in cash was found on the driver, Merlyn Halberg, including one $50.00 bill and twenty-five $1.00 bills clipped together. A gun was found under the passenger seat of the automobile. Defendant was wearing blue denim jeans, a denim jacket and black shoes. The two men were arrested. Subsequently, a search warrant for the automobile was issued and a paper sack mask was discovered crumpled in a twelve-pack beer case setting on the front seat of the automobile.

Defendant contends that there was insufficient foundation laid to warrant admitting into evidence a pair of blue denim jeans, a denim jacket and a pair of black shoes. We disagree. If the objects are readily identifiable because of their own characteristics, and their composition makes them relatively impervious to change, they may be admitted on testimony identifying them as the objects involved in the incident, if the witness can also testify that they are in substantially unchanged condition. State v. Serl, 269 N.W.2d 785 (S.D.1978). This court has also held that "so long as the proof renders reasonable the inference that the evidence was connected with the defendant or the crime charged the evidence is admissible." State v. Pieschke, 262 N.W.2d 40, 45 (S.D.1978); State v. Pickering, 88 S.D. 230, 217 N.W.2d 877 (1974).

When measured against these standards, we conclude that the foundation laid was sufficient. Both witnesses of the armed robbery testified that the robber was wearing blue denim jeans, a denim jacket, and black shoes or cowboy boots. Defendant was observed in an automobile about one-half mile from the vicinity of the robbery shortly after its occurrence. A law enforcement officer testified that defendant was wearing blue denim jeans and jacket, a sweater and black shoes at the time of his arrest approximately one-half hour after the robbery. An officer obtained defendant's clothing from the Minnehaha County Jail out of defendant's personal property, tagged them, and stored them in the police department records until the same officer brought them to the trial. The jury could reasonably have inferred that the clothes marked as an exhibit were the clothes worn by defendant on the night in question.

Defendant contends that the chain of custody of the paper sack mask was not sufficient to allow its introduction into evidence. We disagree. At the time of defendant's arrest, his automobile was briefly searched. The officer who searched the automobile seized a gun from underneath the passenger seat. He testified at trial that he did not observe a beer case on the front seat of the automobile. A second officer testified that the police department follows a procedure of leaving one officer with a stopped automobile until the automobile is towed, however, he could not recall which officer stayed with the automobile. A third officer conducted a thorough search, under a warrant, of the automobile twelve hours later. The automobile doors were unlocked, but the automobile was located inside a locked garage. During his search, he discovered a crumpled paper sack mask in a twelve-pack beer case on the front seat of the automobile. Halberg, who was driving defendant's automobile prior to the arrest, testified that a beer case was on the front seat of the automobile.

Where relatively indistinguishable items or items susceptible to alteration by mistaken substitution or tampering are offered into evidence, a chain of custody must be shown with sufficient completeness to make it improbable that the original item has been tampered with or altered. State v. Robinette, 270 N.W.2d 573 (S.D.1978); State v. Serl, supra; State v. Herman, 253 N.W.2d 454 (S.D.1977). The "chain of custody" rule is to insure that the real evidence offered is that which was seized and that it is in a substantially unchanged condition. State v. Robinette, supra; State v. Serl, supra. The circumstances surrounding the preservation and custody of the evidence must be examined by the trial judge to determine whether, in all reasonable probability, the item offered is the item seized and is substantially unchanged. The State must show with reasonable probability that no tampering or substitution has occurred, but it need not negate every possibility of tampering or substitution. State v. Robinette, supra; State v. Herman, supra; State v. Christmas, 83 S.D. 506, 162 N.W.2d 125 (1968). The evidence here supports the conclusion that it was reasonably probable that the sack mask offered was that which was seized and that it was substantially unchanged.

Defendant asserts that the trial court erred when it...

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10 cases
  • State v. Miller, 15396
    • United States
    • Supreme Court of South Dakota
    • 7 Septiembre 1988
    ...be shown with sufficient completeness to make it improbable that the original item has been tampered with or altered. State v. Decker, 317 N.W.2d 138, 141 (S.D.1982); State v. Robinette, 270 N.W.2d 573 (S.D.1978). The State must show with reasonable probability that no tampering or substitu......
  • State v. Shult
    • United States
    • Supreme Court of South Dakota
    • 25 Octubre 1985
    ...a motion for judgment of acquittal and must give the nonmoving party the benefit of all reasonable inferences in its favor. State v. Decker, 317 N.W.2d 138 (S.D.1982); State v. Gallegos, 316 N.W.2d 634 (S.D.1982); State v. Vogel, 315 N.W.2d 321 (S.D.1982). A motion for judgment of acquittal......
  • State v. Esslinger, 14442
    • United States
    • Supreme Court of South Dakota
    • 6 Diciembre 1984
    ...for judgment of acquittal and must give the nonmoving party the benefit of all reasonable inferences in its favor. Citing State v. Decker, 317 N.W.2d 138 (S.D.1982); State v. Gallegos, 316 N.W.2d 634 (S.D.1982); State v. Vogel, 315 N.W.2d 321 In reviewing this decision of the trial court, w......
  • State v. Koenig, 13856
    • United States
    • Supreme Court of South Dakota
    • 27 Abril 1983
    ...Evidence, 3d Ed. Sec. 437(1). This ruling has been consistently adhered to by this court since the Christmas decision. See, State v. Decker, 317 N.W.2d 138 (S.D.1982); State v. Moves Camp, 286 N.W.2d 333 (S.D.1979); State v. Robinette, 270 N.W.2d 573 (S.D.1978); State v. White, 269 N.W.2d 7......
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