State v. Grisby, No. 57042
| Decision Date | 28 June 1991 |
| Docket Number | No. 57042 |
| Citation | 811 S.W.2d 488 |
| Parties | STATE of Missouri, Respondent, v. Curtis GRISBY, Jr., Appellant. |
| Court | Missouri Court of Appeals |
Loyce Hamilton, St. Louis, for appellant.
William L. Webster, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for respondent.
A jury convicted defendant, Curtis Grisby, Jr., of possession of phencyclidine, a schedule II controlled substance, § 195.020 RSMo 1986 (now repealed). The court sentenced defendant as a prior offender to five years imprisonment. On appeal defendant alleges the trial court erred in overruling his motion for judgment of acquittal because the state failed to establish a valid chain of custody for exhibits admitted into evidence. He argues there is no proof the exhibits were in the same condition when admitted into evidence as they were when seized, thus, there was no evidence to connect defendant to the crime. We affirm.
Police Officer Magditsch testified that on October 15, 1987, at approximately 10:15 p.m. he seized two clear plastic bottles with black plastic caps and a pack of Moore cigarettes from defendant. One bottle contained liquid. Defendant, a pedestrian, dropped one bottle after he saw the police. Officer Magditsch discovered the second bottle and cigarettes after a pat down search of defendant. At 11:00 p.m., Officer Magditsch marked his department serial number with a magic marker on each item at the police station. Officer Magditsch delivered the evidence to the police lab and filled out the usual receipts. Officer Magditsch was able to identify the bottles by their unique markings, as well as his identification number, and the cigarettes by his identification number.
The chemist from the police lab testified the official laboratory records indicated that Officer Magditsch delivered the evidence to the lab and the "laboratory document associates this set of evidence with a Curtis Lee Grisby." The chemist was not on duty when Officer Magditsch delivered the evidence. However, the chemist testified, "It is a common procedure for [the evidence] to be signed and received for by a clerk at the laboratory when a chemist is not on duty." The chemist admitted he had no independent knowledge of the origin of the evidence, "other than the--the documents that are filled out by the officer and the person receiving it...." The chemist testified his analysis revealed the bottles contained phencyclidine, also known as PCP or angel dust. During trial he was able to identify the evidence by his initials and lab stickers. The "receiving clerk" did not testify.
Ultimately, the exhibits were offered by the state and received without objection. However, the objection on chain of custody grounds was timely made and overruled and the issue was in the motion for new trial.
It is within the discretion of the trial court to determine whether a chain of custody has been sufficiently established before allowing the admission of physical evidence. State v. Turnbough, 729 S.W.2d 37, 39 (Mo.App.19...
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State v. Sullivan, s. 19834
...whether a chain of custody has been sufficiently established before allowing the admission of physical evidence." State v. Grisby, 811 S.W.2d 488, 489 (Mo.App.1991). The evidence must provide reasonable assurance that the exhibit sought to be introduced is the same and in like condition as ......
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State v. Blue, s. 61840
...acquittal because there was sufficient evidence for a reasonable juror to find Defendant possessed phencyclidine. See, State v. Grisby, 811 S.W.2d 488, 489 (Mo.App.1991) (evidence was sufficient to support a conviction for possession of phencyclidine where the substance seized by the arrest......