Court of Appeals of Missouri, Eastern District, Fourth Division
from the Circuit Court of Cape Girardeau County Honorable
Michael E. Gardner
S. ODENWALD, Judge.
Brownlee ("Brownlee") appeals from the judgment of
the trial court following a jury trial convicting him of one
count of distributing a controlled substance near a school in
violation of Section 195.214. In his sole point on appeal,
Brownlee argues that the trial court abused its discretion by
admitting into evidence, without a proper foundation, a
photograph purportedly depicting Brownlee's location
during the sale of the controlled substance in relation to a
nearby school. Because the authenticating witness was
familiar with the depicted subject matter and could testify
from his personal observations, the trial court did not abuse
its discretion in admitting the photograph. Accordingly, we
affirm the judgment of the trial court.
and Procedural History
State charged Brownlee with one count of distributing a
controlled substance near a school. Specifically, the State
alleged that on November 18, 2014, Brownlee sold heroin to an
undercover officer at 233 W. St. Joseph Street in Perryville,
Missouri. The State contended that the location of the sale
was within 2, 000 feet of Immanuel Lutheran School (the
"School") and thereby in violation of Section
the subsequent jury trial, the State introduced an aerial
photograph depicting the location of the sale in relation to
the nearby School. The photograph identified and labeled 233
W. St. Joseph Street and the School, and it provided a red
circle delineating a 1, 000-foot radius around the School.
The State offered the testimony of Officer Jason Kelley
("Officer Kelley") to provide a foundation for
authenticating the photograph. Officer Kelley stated that he
was a deputy sheriff with the Perry County Sheriffs
Department and had over fifteen years of experience with the
department. Officer Kelley testified that he had personally
observed the sale at 233 W. St. Joseph Street and was
familiar with the location of the sale in relation to the
surrounding area. Officer Kelley further testified the
Q: This is an aerial photograph of a part of the city of
Q: Now, from what location, from what source did you get this
A: I got this from Southeast Missouri Planning.
Q: And what is that?
A: It's a company-or I shouldn't say it's a
company, but it's an organization that is involved ...