State v. Ramirez

485 N.W.2d 857, 1992 Iowa App. LEXIS 51, 1992 WL 116784
CourtCourt of Appeals of Iowa
DecidedMarch 24, 1992
Docket90-1914
StatusPublished
Cited by1 cases

This text of 485 N.W.2d 857 (State v. Ramirez) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ramirez, 485 N.W.2d 857, 1992 Iowa App. LEXIS 51, 1992 WL 116784 (iowactapp 1992).

Opinion

DONIELSON, Presiding Judge.

On August 18, 1990, at approximately 9 p.m., Sioux City Police Officer Dudley Joines observed the defendant, Arturo Guerrero Ramirez, driving without his seat belt fastened and without a functioning license plate illumination light. Officer Joines pulled in behind Ramirez’s car and, with his lights and siren, signaled Ramirez to stop. Ramirez steered his car to the side of the street, but before the car came to a stop, Officer Joines saw a plastic baggie being tossed from the passenger-side window of the car. Ramirez finally brought his car to a stop approximately one-third to one-half of a block beyond where the plastic baggie lay. In the process of stopping the car, Officer Joines looked back occasionally to check the area in which the baggie had landed.

The baggie thrown from the Ramirez car was retrieved and found to contain fifteen packages of a white powdery substance. In a subsequent laboratory test, samples of the white powdery substance tested positive for the presence of cocaine. Additionally, the search of Ramirez and his vehicle produced two knives and $530 in cash.

Ramirez was charged with possession of cocaine with intent to deliver. After a bench trial, he was found guilty on that charge. He now appeals from the resulting conviction and sentence. Our scope of review in this case is for the correction of errors at law. Iowa R.App. P. 4.

Ramirez first contends the district court erred in admitting the package of cocaine into evidence arguing the State failed to properly establish its chain of custody. Second, he challenges the sufficiency of the evidence to support his conviction. As his last assignment of error, he contends the sentencing court abused its discretion by imposing the mandatory minimum prison term for drug offenders provided in Iowa Code section 204.413. We affirm.

I. Chain of Custody. On Ramirez’s first assignment of error, we review for an abuse of the trial court’s discretion. State v. Smith, 272 N.W.2d 859, 862-63 (Iowa 1978). Evidence will not be admitted unless it is properly identified. State v. Orozco, 290 N.W.2d 6, 10 (Iowa 1980). However, only a prima facie showing of the identity of the physical evidence and its connection to the crime need be made. State v. Collier, 372 N.W.2d 303, 308 (Iowa App.1985). Part of the necessary identification involves establishing the reasonable probability that tampering or substitution has not occurred. State v. Hall, 297 N.W.2d 80, 87 (Iowa), cert denied, 450 U.S. 927, 101 S.Ct. 1384, 67 L.Ed.2d 359 (1980); Orozco, 290 N.W.2d at 10. It is especially important to establish this fact when dealing with evidence such as drugs, which is highly susceptible to alteration. Orozco, 290 N.W.2d at 10; see State v. Lunsford, 204 N.W.2d 613, 616 (Iowa 1973). The trial court must determine whether the identification of physical evidence is sufficient in light of the article’s nature, the circumstances surrounding *859 its custody, and the likelihood that an in-termeddler has tampered with it. State v. Mayes, 286 N.W.2d 387, 391 (Iowa 1979). In reaching its decision, the court may presume that state agents or officials did not tamper with evidence in their custody. State v. Lamp, 322 N.W.2d 48, 59 (Iowa 1982). Additionally, when evidence is tested at the criminalistics laboratory, the usual chain of custody need not be demonstrated. Iowa Code section 691.3 (1989) directs the commissioner of public safety to make rules prescribing “a method of identifying, forwarding, handling and returning items that will maintain the identity and integrity of the item.” Section 691.3 further provides “An item handled in conformity with the rules shall be presumed to be admissible in evidence as to the period in transit to and from and while in custody of the laboratory without further foundation.” In State v. Smith, the supreme court stated:

In order to properly identify a specimen which is the subject of BCI lab analysis, the proponent of the evidence must make a two part showing:
(1) that the proper specimen was either delivered directly to the laboratory or deposited in the mail, properly addressed to the laboratory (including the proper section code); and
(2) that the commissioner’s rules regarding the handling of that specimen after such delivery or receipt by mail were met. This part may be shown by reliance on the technician’s report itself.

272 N.W.2d 859, 863 (Iowa 1978). The trial court’s decision regarding the sufficiency of the showing will be disturbed only for a clear abuse of discretion. Id.

Ramirez contends the State made an inadequate chain of custody showing. He claims a break exists in the chain of custody because the State failed to prove if, how, and when the evidence was mailed from the criminalistics laboratory back to the Sioux City Police Department. This break in the chain of custody, he argues, renders the evidence inadmissible. We are unpersuaded.

The record shows that after Ramirez was arrested, Officer Joines took the plastic bag back to the station. At the station the white powdery substance was removed from each individual package and separately placed in individual containers. One of the fifteen packages was selected at random, sealed in a plastic bag, initialed by Officer James Julius, and sent to the State Criminalistics Laboratory. At the laboratory the white powdery substance was tested by criminalist Nila Bremer. Bremer determined the substance weighed 0.19 grams and contained cocaine. She resealed the bag, initialed it, and placed it in the evidence room. The bag was received by the Sioux City Police Department, where it was placed into the evidence room by Officer Julius. At trial, both Nila Bremer and Officer Julius positively identified the bag containing cocaine by appearance and by the presence of their initials. Bremer identified the bag by the laboratory case number as well.

Because the record shows the evidence was sent to the laboratory and handled in conformity with the rules governing the laboratory, the trial court was entitled to presume that during transport to and from the laboratory, and while at the laboratory, the evidence was not tampered with. Furthermore, the trial court was entitled to presume the evidence was not tampered with by state officials while in the laboratory or police department evidence rooms. Because the bag was identified at trial as being the same one tested at the laboratory, it seems reasonably probable that it had been mailed to the Sioux City Police Department from the State Criminal-istics Laboratory. This record supports a finding that it is reasonably probable no one tampered with or replaced the evidence.

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Bluebook (online)
485 N.W.2d 857, 1992 Iowa App. LEXIS 51, 1992 WL 116784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ramirez-iowactapp-1992.