State v. Shelman

• Decision Date: 05 August 2003
• Docket Number: No. COA02-1261.,COA02-1261.
• Citation: 159 NC App. 300,584 S.E.2d 88
• Court: North Carolina Court of Appeals
• Parties: STATE of North Carolina v. David Paul SHELMAN.

584 S.E.2d 88

159 NC App. 300

STATE of North Carolina v. David Paul SHELMAN.

No. COA02-1261.

Court of Appeals of North Carolina.

August 5, 2003.

Attorney General Roy Cooper, by Assistant Attorney General Margaret P. Eagles, for the State.

Paul M. Green, Durham, for defendant-appellant.

LEVINSON, Judge.

Defendant (David Shelman) appeals from conviction of trafficking in methamphetamine by possession and by transportation. We conclude the defendant had a fair trial, free of prejudicial error.

The State's evidence tended to show, in relevant part, the following: U.S. Postal Inspector Charles Thompson testified that he was assigned to narcotics investigations and that in April, 2001, he was informed by postal inspectors from Indianapolis, Indiana, that a package of methamphetamine had been intercepted in Indianapolis. The box of methamphetamine was shipped to Inspector Thompson for investigation and delivered to him "under seal" on 30 April 2001. Inspector Thompson met with members of the drug enforcement unit of the Wayne County Sheriff's department, and together they planned a "controlled delivery." The officers conducted a preliminary field test of the box's contents to confirm that it contained a controlled substance, then resealed the package, attaching an electronic device that would emit a signal if someone attempted to break the seal.

The box was addressed to a "David Pool" of "107 Squire Ridge Lane, Dueley, North Carolina," which Inspector Thompson determined was probably a misspelling of "107 Squirrel Ridge Lane" in Dueley. Accordingly, Inspector Thompson drove to defendant's family home at 107 Squirrel Ridge Road, posing as a letter carrier. There he spoke with defendant's sister, Veronica Shelman, who told him that the "David Pool" on the package was likely a misspelling of her brother's name, David Paul Shelman. Veronica signed for the package, and Inspector Thompson left it at the Shelman house.

After delivering the package of methamphetamine, Inspector Thompson and the other officers set up a surveillance team to watch the house. Several hours later, the officers observed defendant arrive at the house in a car driven by another man, Cesar Rivera. Defendant went inside briefly, then reappeared carrying the package. He got back into Rivera's car and the men began driving away. The electronic device attached to the package began beeping almost immediately, and the law enforcement officers converged upon the car. The box of methamphetamine was found on the floor of the car, between the defendant's feet. Defendant was taken out of the car and arrested.

Inspector Thompson interviewed defendant shortly after his arrest. Defendant was advised of his rights and agreed to speak with Inspector Thompson. At trial, Inspector Thompson summarized defendant's statements as follows: Defendant admitted to recent use of marijuana and methamphetamine. Several weeks before defendant's arrest, Rivera received a package at 107 Squirrel Ridge Road. Defendant's brother later gave him some methamphetamine and told defendant that it came from the first package. Defendant heard Rivera was a methamphetamine dealer, and when Rivera told defendant a week earlier that another package would be arriving at the house, defendant knew the package would contain methamphetamine. Defendant and Rivera worked for the same employer, and on 30 April 2001 defendant made a phone call to his sister Veronica from work. Veronica told defendant that the package had arrived and that she suspected it contained drugs. In response, he told Veronica, "I know." After work, defendant and Rivera drove directly to defendant's house to get the package. Defendant retrieved the package and he and Rivera were on the way to another friend's house when they were stopped by the police.

SBI Agent Linda Farren testified that she subjected the material found in the box to chemical testing and determined that the package contained approximately 1700 grams of methamphetamine. Additionally, DEA Agent Terry Beckstrom testified on rebuttal that he observed Inspector Thompson's interview with defendant, and that Thompson's testimony generally comported with his own recollection of defendant's statements.

Defendant testified that Rivera had lived with his family. He denied knowing the package would contain methamphetamine and denied telling Inspector Thompson that he knew Rivera was a methamphetamine dealer or that he knew the package held drugs.

Defendant has raised five issues on appeal. He argues first that the trial court erred by admitting into evidence the package of methamphetamine. Defendant contends the State failed to present adequate evidence of authenticity and chain of custody. We disagree.

According to long-established precedent:

a two-pronged test must be satisfied before real evidence is properly received into evidence. The item offered must be identified as being the same object involved in the incident and it must be shown that the object has undergone no material change. The trial court ... exercise[s] sound discretion in determining the standard of certainty that is required to show that an object offered is the same as the object involved in the incident and is in an unchanged condition.... Further, any weak links in a chain of custody relate only to the weight to be given evidence and not to its admissibility.

State v. Campbell, 311 N.C. 386, 388-89, 317 S.E.2d 391, 392 (1984) (emphasis added) (citation omitted). In the instant case, defendant concedes that "the State presented sufficient evidence under this standard to support a finding that the package seized... and the controlled substance analyzed by the SBI lab, were the same package and controlled substance as had been received by [Inspector Thompson]."

Defendant, however, contends that in addition to meeting the standard enunciated in Campbell, id., the State also was required to present evidence establishing the history of the drugs and of the package before Inspector Thompson received it. In support of this proposition, defendant cites only State v. Mason, 144 N.C.App. 20, 550 S.E.2d 10 (2001). However, in Mason the State failed to present sufficient evidence that a videotape introduced at trial was the same one that law enforcement officers obtained on the night of a robbery, and that the videotape was unchanged. As defendant acknowledges, in the present case the State presented sufficient evidence on the unity of identity between the methamphetamine delivered to Inspector Thompson and that which was admitted at trial. Therefore, Mason is not pertinent to the case sub judice.

We conclude that the issues raised by defendant essentially go to alleged weaknesses in the State's case, and do not render the methamphetamine package inadmissible. This assignment of error is overruled.

Defendant next argues that the evidence was insufficient as a matter of law to sustain his conviction for the charged offenses. We disagree.

Upon a defendant's motion to dismiss for insufficiency of the evidence:

the trial court must determine whether the State has presented substantial evidence of each essential element of the offense charged and substantial evidence that the defendant is the perpetrator. If substantial evidence of each element is presented, the motion for dismissal is properly denied. `Substantial evidence is relevant evidence that a reasonable mind might accept as adequate to support a conclusion.'

State v. Cross, 345 N.C. 713, 716-17, 483 S.E.2d 432, 434 (1997) (quoting State v. Olson, 330 N.C. 557, 564, 411 S.E.2d 592, 595 (1992)). "It is immaterial whether the substantial evidence is circumstantial or direct, or both." State v. Stephens, 244 N.C. 380, 383, 93 S.E.2d 431, 433 (1956). "Circumstantial evidence may withstand a motion to dismiss and support a conviction even when the evidence does not rule out every hypothesis of innocence. The evidence need only give rise to a reasonable inference of guilt in order for it to be properly submitted to the jury[.]" State v. Stone, 323 N.C. 447, 452, 373 S.E.2d 430, 433 (1988) (citing Stephens, id., and State v. Jones, 303 N.C. 500, 279 S.E.2d 835 (1981)).

In determining whether the State has presented sufficient evidence to support a conviction, "the trial court is required to view the evidence in the light most favorable to the State, making all reasonable inferences from the evidence in favor of the State." State v. Kemmerlin, 356 N.C. 446, 473, 573 S.E.2d 870, 889 (2002) (citation omitted). Thus, "[c]ontradictions and discrepancies must be resolved in favor of the State, and the defendant's evidence, unless favorable to the State, is not to be taken into consideration." State v. Bullard, 312 N.C. 129, 160, 322 S.E.2d 370, 388 (1984).

In the present case, defendant was convicted of trafficking in methamphetamine by possession and by transportation, pursuant to N.C.G.S. § 90-95(h)(3b) (2001). The statute provides in pertinent part that "[a]ny person who ... transports, or possesses 28 grams or more of methamphetamine ... shall be guilty of ... trafficking in methamphetamine[."] To convict a defendant of this offense, the State must prove the defendant (1) knowingly possessed or transported methamphetamine, and (2) that the amount possessed was greater than 28 grams. See N.C.G.S. § 90-95(d)(2) (2001); State v. Rosario, 93 N.C.App. 627, 634, 379 S.E.2d 434, 438 ("General Statute 90-95(h) provides that possession of specified amounts of controlled substances constitutes the offense of trafficking"), disc. review denied, 325 N.C. 275, 384 S.E.2d 527 (1989).

In the instant case, defendant does not dispute that he possessed and transported methamphetamine, or that the amount was well in excess of 28 grams. However, the State also must prove that the possession or transportation of a controlled substance was knowing. See, e.g., State v. Weldon, 314 N.C. 401, 403, 333 S.E.2d 701, 702 (1985) ("[t]o convict defendant of trafficking in...