Evidence — chain of custody — jury instructions

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Wisconsin Court of Appeals

Criminal

Evidence — chain of custody — jury instructions

Dennis Van Camp appeals a judgment convicting him of possession with intent to deliver more than forty grams of cocaine, as party to a crime, second or subsequent offense, and possession of cocaine, second or subsequent offense. Van Camp argues the circuit court erred by denying his request for a jury instruction on chain of custody. He contends a chain of custody instruction was necessary because: (1) police provided a confidential informant with 252 grams of cocaine to sell to Van Camp, but the brick of cocaine seized from Van Camp and introduced into evidence at trial only weighed 249.09 grams; and (2) the weights of five smaller bags of cocaine police found on Van Camp following his arrest differed from the weights of five bags of cocaine introduced into evidence at trial. We reject Van Camp’s arguments and affirm. This opinion will not be published.

2011AP388-CR State v. Van Camp

Dist III, Brown County, Zuidmulder, J., Per Curiam

Attorneys: For Appellant: Findley, Brian C., Darlington; For Respondent: Wellman, Sally L., Madison; Zakowski, John P., Green Bay