WILLIE MAE STEVENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant-defendant appeals the judgment of conviction and sentence of five years for possession of narcotic drugs and ten years for sale of narcotic drugs.
Appellant’s primary point on appeal is that the trial court erred in permitting the introduction of a bag of heroin into evidence when the chain of custody had not been proven. The prosecution, by competent evidence, proved that there was no tampering with the contraband between the time it was purchased from appellant and the time it was analyzed by the State chemist and subsequently introduced into evidence. Stunson v. State, 228 So.2d 294 (Fla.App.3d 1969), and Gallego v. United States, 9 Cir., 276 F.2d 914. The analysis reflected without dispute that the package seized contained heroin. The evidence showed that this heroin had been sold by appellant.
The second point raised by appellant does not merit discussion. The judgment appealed from is
Affirmed.
WIGGINTON, Acting C. J., and CARROLL, DONALD K„ and RAWLS, JJ-, concur.
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Watson v. State, 437 So. 2d 702 (Fla. 4th DCA 1983)…condition as when it was procured. Continuous custody of the object is only one factor to be considered. Beck v. State, 405 So. 2d 1365, 1367 (Fla. 4th DCA 1981); see also Bernard v. State, 275 So. 2d 34, 35 (Fla. 3d DCA 1973) and Stevens v. State, 245 So. 2d 92 (Fla. 1st DCA 1971). Although the whereabouts of the cassette involved herein were not fully explained, cf. Jones v. State, 253 So. 2d 154, 156 (Fla. 2d DCA 1971) and Stunson v. State, 228 So. 2d 294 (Fla. 3d DCA 1969), there was evidence that the c…
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Robinson v. State, 325 So. 2d 427 (Fla. 1st DCA 1976)…and each testified that when it left his possession it was in the same condition as when he received it. In the face of such testimony, which was not shaken on vigorous cross-examination, we hold the trial court committed no error. Stevens v. State, 245 So. 2d 92 (Fla.App. 1st 1971); Bernard v. State, 275 So. 2d 34 (Fla.App. 3rd 1973); Wilson v. State, 293 So. 2d 81 (Fla.App. 3rd 1974). The federal courts have spoken upon this matter and support our view. In Gallego v. United States, 276 F. 2d 914 (9th Cir.…
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Carey v. State, 349 So. 2d 820 (Fla. 3d DCA 1977)…any evidence of tampering with the heroin, we cannot say that it was error for the trial court to admit same into evidence. We therefore must reject any challenge to the introduction of the heroin on the basis of chain of custody. Stevens v. State, 245 So. 2d 92 (Fla.1st DCA 1971); Stunson v. State, 228 So. 2d- 294 (Fla.3d DCA 1969). Accordingly, after reviewing the record, briefs and arguments of counsel, it is our opinion that appellant has failed to demonstrate reversible error. As such, appellant’s con…
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- Gallego v. United States, 276 F.2d 914 (9th Cir. 1960)
- Stunson v. State, 228 So. 2d 294 (Fla. 3d DCA 1969)