Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brownlee

Court of Appeals of Missouri, Eastern District, Fourth Division

October 18, 2016

STATE OF MISSOURI, Respondent,
v.
DARNELL BROWNLEE, Appellant.

         Appeal from the Circuit Court of Cape Girardeau County Honorable Michael E. Gardner

          KURT S. ODENWALD, Judge.

         Introduction

         Darnell 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.[1] 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.

         Factual and Procedural History

         The 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 195.214.

         During 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 following:

Q: This is an aerial photograph of a part of the city of Perryville?
A: Yes.
Q: Now, from what location, from what source did you get this photograph?
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.