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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Dec 11 2008, 11:35 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: GARY A. COOK Deputy Public Defender

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KENNETH A. SNOW, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 34A04-0808-CR-469

APPEAL FROM THE HOWARD SUPERIOR COURT The Honorable William C. Menges, Judge Cause No. 34D01-0706-FA-470

December 11, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Kenneth A. Snow appeals his convictions for three counts of class A felony Dealing in Cocaine,1 as well as his adjudication as a Habitual Offender.2 He presents the following restated issue for review: Did the trial court abuse its discretion by admitting Indiana State Police Property Record and Receipt forms into evidence? We affirm. In 2007, a confidential informant for the Indiana State Police was provided with an apartment in Garden Square Apartments, a federally subsidized housing complex in Kokomo, in order to assist law enforcement in controlled substance investigations there. On March 12, 25, and 27, the confidential informant made controlled buys of cocaine from Snow. Following each of these buys, the confidential informant turned the cocaine over to Detective Larry Mote. Mote field-tested the substances obtained during the controlled buys, which tested positive for cocaine on each occasion. Mote testified that he adhered to the following protocol in handling the cocaine evidence after each buy. He immediately placed the substance(s) into a plastic evidence bag. On the outside of the bag Mote recorded his name, the date, Snow's name, the case number, and other identifying information. He sealed the plastic evidence bag, with the evidence inside, and signed his initials across the seal. Mote then filled out a property record and receipt form and a lab request form. Finally, he sealed these forms and the evidence bag into an envelope and sent it by U.S. certified mail to the State Police laboratory for testing. The

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Ind. Code Ann.

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