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State v. Smith7/22/1999
iscretion. See State v. Jim Smith, No. 03C01-9312-CR-00398, Knox County (Tenn. Crim. App. filed July 11, 1994, at Knoxville); see also State v. Ballard, 855 S.W.2d 557, 562 (Tenn. 1993). We agree that chain of custody would have been better proven by a witness's testimony that the blood sample taken from the defendant in the hospital was the same blood sample packaged by Trooper Lambert. Even so, any error in admitting the blood alcohol test results in this case was harmless beyond a reasonable doubt because the record contains other competent evidence, including the defendant's own admissions at trial, sufficient to sustain the jury's determination that the defendant was driving while under the influence. Tenn. R. Crim. P. 52(a); see State v. Stowers, 649 S.W.2d 607, 609 (Tenn. Crim. App. 1983).
Finding no merit to the defendant's arguments, the trial court's judgment is affirmed.
JOHN H. PEAY, Judge
CONCUR: JOE G. RILEY, Judge THOMAS T. WOODALL, Judge
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