In an opinion handed down on June 1, 2010, the NC Court of Appeals in N.C. v. Brunson, case number COA NO. COA09-976, reversed the decision of the court below where a man was convicted of trafficking a prescription medication he had on his person during a traffic stop. The pills were given to the State Bureau of Investigation (SBI) and an expert testified at trial that the 40 pills were hydrocodone a common pain prescription medication. The SBI analyst basically testified he compared the pills to those contained in a book and based upon similarities he determined that they were the same medication. The jury convicted and the defendant was sentenced to at least 225 months (18yrs). The Appellate Court, relying on the State’s Supreme Court opinion in State v. Llamas-Hernandez, 363 N.C. 8, 673 S.E.2d 658 (2009), held that a visual inspection of the suspected pills was insufficient and the case was reversed and remanded for a new trial. While the Appellate Court referenced the fact that the charge was alleging a “schedule III” substance and its “chemical compositions”, it is possible now that the Court may require that all alleged drug confiscations require a lab analysis, including marijuana, which seems often not to be tested.
This article was written by attorney Ron Trimyer, feel free to email me at ron@mastfirm.com.
