STATE OF NORTH CAROLINA
v. Greene County
Nos. 00 CRS 185
SCOTT E. MAYE 02 CRS 389
Attorney General Roy Cooper, by Special Deputy Attorney
General William H. Borden, for the State.
Paul T. Cleavenger for defendant-appellant.
McGEE, Judge.
A jury found defendant guilty of possession of a controlled
substance on the premises of a penal institution. Upon his guilty
plea to habitual felon status, the trial court entered judgment on
15 August 2002, sentencing defendant to 80 to 105 months'
imprisonment. Defendant gave notice of appeal in open court.
In his sole assignment of error on appeal, defendant argues
the trial court erred in admitting certain testimony of Special
Agent Timothy Suggs (Agent Suggs) of the State Bureau of
Investigation (SBI), who worked in the SBI's drug chemistry section
in Raleigh. Testifying as an expert in forensic chemistry, it was
Agent Suggs' expert opinion that the vegetable matter found indefendant's prison dormitory locker on 17 January 2000 was
marijuana. Agent Suggs based his opinion on the results of
laboratory tests performed by SBI Special Agent Shawn Lee (Agent
Lee). Agent Suggs affirmed that Agent Lee performed a microscopic
examination, as well as the Duquonois Levine color test, which were
the methods for detecting marijuana "reasonably relied upon by
experts in this field." Agent Suggs further testified that all of
the chemists in the SBI lab "received training in the analysis of
marijuana" and that Agent Lee was qualified to perform the tests in
question.
Defendant argues that the trial court violated his Sixth
Amendment right to confrontation by allowing Agent Suggs to give
expert testimony based upon lab tests conducted by Agent Lee.
However, defendant raised only generalized objections at trial
which were insufficient to preserve this issue for our review.
State v. Williams, 355 N.C. 501, 576-77, 565 S.E.2d 609, 652 (2002)
(quoting State v. Jones, 342 N.C. 523, 535-36, 467 S.E.2d 12, 20
(1996)), cert. denied, __ U.S. __, 154 L. Ed. 2d 808 (2003).
Defendant also did not raise his constitutional claim before the
trial court and cannot do so for the first time on appeal. See
State v. Fernandez, 346 N.C. 1, 18, 484 S.E.2d 350, 361 (1997)
(citing State v. Jaynes, 342 N.C. 249, 263, 464 S.E.2d 448, 457
(1995), cert. denied, 518 U.S. 1024, 135 L. Ed. 2d 1080 (1996);
N.C.R. App. P. 10(b)(1)). Finally, Agent Suggs' reliance upon
Agent Lee's test results did not violate defendant's right to
confrontation, in that Agent Suggs was subject to cross-examination. State v. Jones, 322 N.C. 406, 414, 368 S.E.2d 844,
848-49 (1988) (quoting State v. Huffstetler, 312 N.C. 92, 108, 322
S.E. 2d 110, 120-21 (1984), cert. denied, 471 U.S. 1009, 85 L. Ed.
2d 169 (1985)). The trial court did not err in admitting Suggs'
testimony.
No error.
Judges HUDSON and GEER concur.
Report per Rule 30(e).
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