State v. Johnson, No. 2325
| Court | Court of Appeals of South Carolina |
| Writing for the Court | HOWARD |
| Citation | 318 S.C. 194,456 S.E.2d 442 |
| Parties | The STATE, Respondent, v. Vivian JOHNSON, Appellant. . Heard |
| Docket Number | No. 2325 |
| Decision Date | 09 March 1995 |
Page 442
v.
Vivian JOHNSON, Appellant.
Decided March 27, 1995.
Rehearing Denied May 2, 1995.
Certiorari Denied Nov. 15, 1995.
Page 443
William T. Toal and Valerie J. Rochester Young both of Johnson, Toal & Battiste, Columbia, for appellant.
Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Sr. Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. G. Thomas Chase, Columbia; and Sol. Wade S. Kolb, Jr., Sumter, for respondent.
HOWARD, Judge:
Vivian Johnson appeals her conviction for distribution of crack cocaine and distribution of crack cocaine within one-half mile of a school. Johnson asserts error in the introduction into evidence of the crack cocaine, arguing the State failed to establish a proper chain of custody. Johnson also asserts the trial court erred by admitting prejudicial testimony describing the area relevant to the drug transaction as a high drug traffic area. We affirm.
On August 2, 1993, a confidential informant, Richard Rogers, purchased three "rocks" of crack cocaine from Johnson as part of a larger, on-going, sting operation in Sumter County. The purchase was videotaped by Rogers. Shortly after the transaction occurred, Rogers turned the drugs over to the surveillance officer, Detective Mark Rosensteel, at a pre-designated location. Rosensteel testified he turned the drugs over to Investigator Allen Dailey, the evidence custodian, at the end of that day. However, Dailey testified that he received the drugs from Rosensteel on August 4, 1993. Dailey placed the drugs in a drug analysis security envelope and subsequently delivered the envelope to the South Carolina Law Enforcement Division (SLED) on August 24, 1993. Kimberly Thigpen, a chemist at SLED, testified Dailey delivered the envelope to her on August 24. Upon analysis, Thigpen found the substances in the envelope to be crack cocaine. The evidence remained in her custody until the trial. Johnson argues the chain of custody was broken for a two day period between August 2 and August 4, and therefore the admission of the crack cocaine into evidence was erroneous.
The admission of evidence is in the sound discretion of the trial judge whose decision will not be overturned absent an error of law resulting in undue prejudice. State v. Johnson, --- S.C. ----, 427 S.E.2d 718 (Ct.App.1993). Because evidence involving drugs may easily be tampered...
To continue reading
Request your trial
-
State v. Rice, No. 4300.
...why law enforcement is in a particular area has been held to be relevant information for the jury to consider. State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995); State v. Davis, 309 S.C. 56, 419 S.E.2d 820 In State v. Weaver, we held the testimony of a police officer about conclu......
-
State v. Thompson, No. 3584.
...why law enforcement is in a particular area has been held to be relevant information for the jury to consider. State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995); State v. Davis, 309 S.C. 56, 419 S.E.2d 820 The case of Rhodes v. State, 349 S.C. 25, 561 S.E.2d 606 (2002), is instru......
-
State v. Joseph, No. 2711
...See, e.g., State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); Benton v. Pellum, 232 S.C. 26, 100 S.E.2d 534 (1957); State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995), cert. denied (December 8, 1995). Where the analyzed substance has passed through several hands, the evidence mu......
-
State v. Kirby, No. 2609
...were in the area stopping individuals and asking them for identification, not for the truth of the matter asserted). In State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995), we held that testimony referring to the area where the defendant's alleged drug transaction took place as a &......
-
State v. Rice, No. 4300.
...why law enforcement is in a particular area has been held to be relevant information for the jury to consider. State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995); State v. Davis, 309 S.C. 56, 419 S.E.2d 820 In State v. Weaver, we held the testimony of a police officer about conclu......
-
State v. Thompson, No. 3584.
...why law enforcement is in a particular area has been held to be relevant information for the jury to consider. State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995); State v. Davis, 309 S.C. 56, 419 S.E.2d 820 The case of Rhodes v. State, 349 S.C. 25, 561 S.E.2d 606 (2002), is instru......
-
State v. Joseph, No. 2711
...See, e.g., State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); Benton v. Pellum, 232 S.C. 26, 100 S.E.2d 534 (1957); State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995), cert. denied (December 8, 1995). Where the analyzed substance has passed through several hands, the evidence mu......
-
State v. Kirby, No. 2609
...were in the area stopping individuals and asking them for identification, not for the truth of the matter asserted). In State v. Johnson, 318 S.C. 194, 456 S.E.2d 442 (Ct.App.1995), we held that testimony referring to the area where the defendant's alleged drug transaction took place as a &......