People v. Brown

Opinion

KLINE, P. J.

Appellant Herman Brown appeals following revocation of his probation. He contends it was an abuse of discretion to admit a police officer’s hearsay testimony relating the findings of a chemist’s test on confiscated substances at a probation revocation proceeding.

Statement of the Case and Facts

On the basis of an outstanding parole violation, Officer Dennis Quinn arrested appellant in his hotel room.

1

A search of appellant and his room produced the following evidence: apparent rock and powdered cocaine, two

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hypodermic needles, a razor blade, and glass pipes with wire screens of the type used to smoke cocaine. Officer Quinn brought the apparent cocaine to the narcotics drop at the police department for analysis by the chemist. The chemist determined that the confiscated substance tested positive for .84 grams of cocaine and recorded the results on the substance’s envelope and on an evidence disposition sheet.

At the probation revocation hearing, Officer Quinn testified regarding the chemist’s findings and the customary uses of the confiscated cocaine paraphernalia. The court overruled appellant’s objection to the introduction of the test results as hearsay. The court revoked appellant’s probation and ordered executed a previously suspended prison term, less 201 days presentence custody and conduct credits.

2

Appellant filed a timely notice of appeal.

Discussion

Appellant claims that Officer Quinn’s testimony regarding the results of a chemist’s test on the substances recovered from his residence was wrongfully introduced at his probation revocation proceeding. Appellant contends it was an abuse of discretion to admit such evidence as it violated his right to cross-examine a witness and to have only reliable, nonhearsay testimony adduced against him.

“[T]he revocation of parole is not part of a criminal prosecution and thus the full panoply of rights due a defendant in such a proceeding does not apply to parole revocations.”