Guydon v. State

39 S.W.3d 767, 344 Ark. 251, 2001 Ark. LEXIS 187
CourtSupreme Court of Arkansas
DecidedMarch 22, 2001
DocketCR 01-37
StatusPublished
Cited by33 cases

This text of 39 S.W.3d 767 (Guydon v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guydon v. State, 39 S.W.3d 767, 344 Ark. 251, 2001 Ark. LEXIS 187 (Ark. 2001).

Opinion

Ray Thornton, Justice.

On September 3, 1998, a felony information was filed, charging appellant, Karl Guydon, with two counts of delivery of a controlled substance. The information alleged that appellant had delivered cocaine on two occasions on June 4, 1998. Appellant entered a plea of not guilty on both counts.

On April 19, 1998, a jury trial was held. At trial, Ron Messer, a Little Rock Police Officer, working undercover, testified that he went to appellant’s residence and made two separate purchases of what was allegedly crack cocaine for twenty dollars each. Officer Messer testified that he turned the off-white, rock-like substance over to Officer Scott Leger of the North Little Rock Police Department.

Officer Leger testified that when Officer Messer gave the substances to him, he weighed them, placed them in sealed property envelopes, initialed the envelopes, and transported them to the Arkansas State Crime Laboratory. He further testified that State’s Exhibit 1 weighed 0.3 of a gram and State’s Exhibit 2 weighed 0.2 of a gram.

Kathy Shanks, a forensic chemist from the Arkansas State Crime Laboratory, also testified. She was able to identify State’s Exhibits 1 and 2 because they were marked with her initials, laboratory case number, and the date and time that she performed her analysis of the substances. Ms. Shanks testified that her analysis showed that State’s Exhibit 1 was a plastic bag containing off-white rock-like substance weighing 0.1828 of a gram, which tested positive for cocaine base and Benzocaine. She further stated that State’s Exhibit 2 was a plastic bag containing off-white rock-like substance weighing 0.1183 of a gram, and that it tested positive for cocaine base and Benzocaine.

Following Ms. Shanks identification of State’s Exhibits 1 and 2, the State moved to introduce the two exhibits. Before the trial court had admitted the exhibits into evidence, appellant requested a voir dire of Ms. Shanks. During voir dire, Ms. Shanks testified that Stephanie Gray from the evidence receiving department took both exhibits into custody. Ms. Shanks noted that, when she was ready to perform her analysis on the substances, Lori Schumacher from the evidence receiving department gave her the evidence.

At the conclusion of the voir dire, appellant’s attorney objected to the admission of the exhibits based on the difference in the testimony of Officer Leger and Ms. Shanks regarding the weight of the drugs and the fact that two employees at the Arkansas State Crime Laboratory, who came into contact with the evidence, were not there to testify. In response, the State contended that there was no evidence of tampering and that there had been substantial compliance with the chain of custody. The trial court overruled appellant’s objection and admitted the two exhibits into evidence.

Appellant was convicted by a jury of two counts of delivery of a controlled substance, and was sentenced to twelve years on each count, to be served concurrently. Appellant appealed his conviction to the court of appeals. On December 20, 2000, the court of appeals reversed and remanded appellant’s case, holding that the trial court had abused its discretion when it admitted State’s Exhibits 1 and 2 without a proper chain of custody established. See Guydon v. State, 72 Ark. App. 285, 34 S.W.3d 804 (2000).

On January 8, 2001, the State filed a petition for review of the court of appeals’ decision. We granted the State’s petition. When we grant review following a decision by the court of appeals, we consider the case as though it had been originally filed with this court. Fowler v. State, 339 Ark. 207, 5 S.W.3d 10 (1999). Appellant raises one point for our review, and we-affirm the trial court.

In his only point on appeal, appellant contends that the trial court erred when it admitted State’s Exhibits 1 and 2 into evidence. Specifically, appellant argues that because there was a discrepancy in the weight of the exhibits and because the State failed to prove a proper chain of custody, we should conclude that the trial court abused its discretion in admitting the evidence.

Before addressing the merits of appellant’s issue on appeal, it is necessary for us to discuss a procedural matter raised by the State. On appeal, the State argues that appellant’s appeal is procedurally barred because appellant did not raise his chain-of-custody objection until the physical evidence was offered for admission into evidence. The State’s argument is based on our holding in Gonzalez v. State, 306 Ark. 1, 811 S.W.2d 760 (1991). In Gonzalez, we declined to address a challenge to the admission of evidence based on an improper chain of custody. We held that a party has a duty to make a timely and complete objection to the admission of evidence. Id. In our cases following Gonzalez, we have held that an objection to the admission of evidence based on an allegation of an improper chain of custody needs to be made at the time the evidence in question is offered for admission. A chain-of-custody objection made after the evidence has been admitted is not timely. See Pryor v. State, 314 Ark. 212, 861 S.W.2d 544 (1993); see,also Dixon v. State, 310 Ark. 460, 839 S.W.2d 173 (1992). In this case, appellant objected immediately after Ms. Shank’s testimony revealed the weight discrepancy and the break in the chain of custody and before State’s Exhibits 1 and 2 were admitted into evidence. Accordingly, the issue was preserved for appellate review.

Turning now to the merits of appellant’s case, appellant contends that State’s Exhibits 1 and 2 were improperly admitted into evidence because the State failed to establish an unbroken chain of custody. The alleged missing links were the absence of testimonies by Stephanie Gray, the employee at the Arkansas State Crime Laboratory, who received State’s Exhibits 1 and 2 into custody from Officer Leger, and Lori Schumacher, an employee at the Arkansas State Crime Laboratory, who removed the evidence from the secured area at the Arkansas State Crime Laboratory and gave it to Ms. Shanks for analysis. Appellant claims that because conflicting evidence was introduced as to the weight of the evidence, a greater burden is placed on the State when establishing its chain of custody. Appellant’s argument is without merit.

We have consistently stated that the purpose of establishing a chain of custody is to prevent the introduction of evidence that is not authentic or that has been tampered with. Newman v. State, 321 Ark. 339, 939 S.W.2d 811 (1997). To prove authenticity of evidence the State must demonstrate a reasonable probability that the evidence has not been altered in any significant manner. Gomez v. State, 305 Ark. 496, 809 S.W.2d 809 (1991).

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Bluebook (online)
39 S.W.3d 767, 344 Ark. 251, 2001 Ark. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guydon-v-state-ark-2001.