Defendant was convicted of violating the Georgia Controlled Substances Act (two counts of sale of cocaine) and he appeals. Held:
In his sole enumeration of error, defendant contends the trial court erred in admitting into evidence State’s Exhibits 6 and 7, i.e., the Georgia Bureau of Investigation evidence receipts reflecting the chain of custody of the contraband in question. In this connection, he argues that the State failed to establish the chain of custody of the evidence receipts. Because a chain of custody did not need to be established for the evidence receipts, we perceive no error. See generally Green, Georgia Law of Evidence (3rd ed.), § 83, which states the rule that in criminal cases, when the physical evidence is of a fungible nature, the State must establish the chain of custody.
With regard to the contraband in question, defendant argues that the State failed to establish the chain of custody because the crime laboratory technician who examined the contraband was unable to remember which agent gave it to her without referring to a notation written on the official report. In this connection, defendant points out that the notation on the official report was made by a crime laboratory secretary, not the technician, and that the secretary did not testify at trial. This argument is without merit.
“The burden the state must carry to gain admission of evidence such as this is to show with reasonable certainty that the evidence is the same as that seized and that there has been no tampering or sub