STATE OF NORTH CAROLINA
v. Durham County
No. 00 CRS 57076
GEORGE ANTHONY HUNTER
Attorney General Roy Cooper, by Assistant Attorney General
Angel E. Gray, for the State.
Brannon Strickland, PLLC, by Anthony M. Brannon for defendant-
appellant.
BRYANT, Judge.
George Anthony Hunter (defendant) was found guilty on 26
February 2003 of selling and delivering cocaine and of possession
with intent to sell and deliver cocaine. The trial court continued
prayer for judgment on the conviction of possession with intent to
sell and deliver cocaine. Defendant was sentenced within the
presumptive range to an active term of a minimum of twenty months
and a maximum of twenty-four months.
The State presented evidence tending to show that on the
afternoon of 22 May 2000, Officer Charles Davidson and Sergeant
John Morris of the Durham Police Department participated in an
undercover buy-bust operation near the Few Gardens apartment
complex in the city. Traveling in a dump truck, the two officersapproached a large group of people standing on the corner of Alston
Avenue and Morning Glory Avenue. A man, identified as defendant,
flagged [their] dump truck down. Defendant approached the
passenger side of the truck and asked the two officers, [W]hat do
you need? Officer Davidson responded, I need a twenty, meaning
crack or powder cocaine costing twenty dollars. Following
defendant's instructions to drive down the street, the officers
thereafter twice circled the block in their dump truck when
defendant reappeared on a bicycle and approached to hand Officer
Davidson a piece of crack cocaine in exchange for a twenty-dollar
bill. The officers then gave a signal for another team of officers
awaiting nearby to arrest defendant.
At the police station, Officer Davidson placed the substance
in a plastic bag, sealed it, signed his name, and recorded the date
and time on the bag. He enclosed the bag inside a State Bureau of
Investigation (SBI) drug evidence bag which he also signed and
labeled. He thereafter sealed the SBI bag, attached it to a
property report, and delivered it to the police department property
room for transportation to the SBI laboratory for testing. Also,
he completed an SBI-5 form requesting testing of the substance
contained within the evidence bag. The bag was secured and
transported to the SBI by Durham Police Department Property
Custodian, Ruth Brown (Brown). Officer Davidson identified State's
Exhibit 2 by his signature and initials as the bag that he
deposited in the property room.
Wendy Cook (Cook), a forensic chemist assigned to the SBIlaboratory, testified she received State's Exhibit 2 on 26 May
2000, accompanied by a form requesting examination of physical
evidence, commonly known as the SBI-5 form. The SBI-5 form was
signed by Brown; by SBI evidence custodian Roosevelt Riles (Riles);
and SBI evidence technician Alice Green-Guy (Green-Guy). The SBI-5
form indicated that Riles received the evidence for the lab from
Brown. Riles then released the evidence to Cook for forensic
evaluation. After testing the substance, Cook returned the
evidence to Green-Guy. Riles and Green-Guy also signed a chain of
custody form maintained by the SBI which tracks when evidence is
received; to whom it goes and on what date; and when it is returned
to the sending agency. The SBI-5 form indicated that Green-Guy
returned the evidence to Brown of the Durham Police Department.
Cook's testing of the substance revealed that it was one-tenth of
one gram of cocaine base.
*** Converted from WordPerfect ***