Avery v. State
Avery v. State
Opinion
The appellant, William Earl Avery, was convicted of selling cocaine, a violation of §
The appellant does not raise the issue of the sufficiency of the evidence on appeal; thus, we will recite the facts briefly. The state's evidence tended to show that an individual sold an undercover narcotics investigator one fourth ounce of cocaine on January 26, 1990. The agent identified the appellant as the individual who sold him the cocaine. The appellant raises two issues on appeal.
In the present case, there were numerous instances during the testimony of Officer Taggert, a narcotics investigator with the Tuscaloosa County Sheriffs Department, in which he makes reference to Calhoun County. Taggert specifically stated that he was called into Calhoun County to investigate drug activity in the Anniston area. "Venue may be established by the testimony of one witness." Wilson v. State,
The testimony of Officer Taggert was sufficient to prove venue. No error occurred here.
"This court, in Molina v. State,Jackson v. State,533 So.2d 701 (Ala.Cr.App. 1988), abolished the rigid prerequisites necessary for establishing a chain of custody for receiving a tape recording into evidence. Now, all that is required is to show that the recordings are 'reliable representations of the subject sound.' Ross v. State,555 So.2d 1179 ,1182 (Ala.Cr.App. 1989)."
Officer Taggert testified that the tape recording was a recording of the drug transaction between him and the appellant. The voices on the tape were his and the appellant's. The appellant maintains that because parts of the tape recording were inaudible, the tape should not have been received into evidence. The fact that parts of the tape recording were inaudible would not affect the admissibility of the recording but the weight which the jury places on the evidence. See Ross, supra; Compare Bridges v. State,
The trial court acted correctly in allowing the tape recording of the transaction to be received into evidence.
For the reasons stated above, this case is due to be, and it is hereby, affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- William Earl Avery v. State.
- Cited By
- 7 cases
- Status
- Published