Tricoche v. State, 525 A.2d 151 (Del. 1987). · Go Syfert
Tricoche v. State, 525 A.2d 151 (Del. 1987). Cases Citing This Book View Copy Cite
145 citation events (125 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Johns v. State
Del. · 2025 · quote attribution · 1 verbatim quote · confidence high
this court can only evaluate issues raised on appeal by reviewing the facts that actually appear in the record
discussed Cited as authority (verbatim quote) David v. Jacobs
Del. · 2025 · quote attribution · 1 verbatim quote · confidence high
the failure of the defendant to include in the record adequate transcripts of the proceedings, as required by the rules of this court, precludes appellate review of his claim....
discussed Cited as authority (rule) Derossi v. Derossi
Del. · 2025 · confidence medium
Ct. R. 14(e) (requiring that the appellant’s appendix ”contain such portions of the trial transcript as are necessary to give this Court a fair and accurate account of the context in which the claim of error occurred and must include a transcript of all evidence relevant to the challenged finding or conclusion”); Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (holding that the burden is on the appellant to produce parts of the trial transcript that are necessary to give the Court the ability to review his claims). 3 See, e.g., Scott v. Kraft, 124 A.3d 584 , 2015 WL 5451697, at *2 (Del.
discussed Cited as authority (rule) Robinson v. State
Del. · 2025 · confidence medium
But the Family Court paperwork undermines Robinson’s claim: on the Adult Guilty Plea Colloquy form, Robinson acknowledged that he understood that “[his] guilty plea will be a violation of probation or parole,”7 and the sole reference to Robinson’s VOP case on the Adult Sentencing Order form is the Family Court judge’s notation that “credit for time served [will] be applied to [Robinson’s] Sup[erior Court] sentence.”8 5 Opening Br. at 3. 6 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 7 Mot. to Affirm, Ex.
discussed Cited as authority (rule) Lennox v. Michaels
Del. · 2025 · confidence medium
Ct. R. 14(e) (requiring that “the appellant’s appendix ... contain such portions of the trial transcript as are necessary to give this Court a fair and accurate account of the context in which the claim of error occurred and must include a transcript of all evidence relevant to the challenged finding or conclusion”); Trioche v. State, 525 A.2d 151, 154 (Del. 1987) (holding that the burden is on the appellant to produce parts of the trial transcript that are necessary to give the Court the ability to review his claims). 2
cited Cited as authority (rule) State v. Bartell
Del. Super. Ct. · 2023 · confidence medium
The most effective evidence 54 Tricoche v. State, 525 A.2d 151, 153 (Del. 1987) 27 supporting the claim, however, was certainly Det.
discussed Cited as authority (rule) Lewis v. State
Del. · 2023 · confidence medium
R. 8 (“Only questions fairly presented to the trial court may be presented for review . . . .”). 8 See Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (stating that the appellant has the burden of producing the portions of a transcript that are necessary to enable review of the claim). 9 Cf. Scarborough v. State, 938 A.2d 644, 650 (Del. 2007) (“Where the defendant has signed his Truth-in-Sentencing Guilty Plea Forms and has answered at the plea colloquy that he understands the effects of the plea, the defendant must show by clear and convincing evidence that he did not sign those forms …
discussed Cited as authority (rule) Ewing v. State
Del. · 2023 · confidence medium
The defendant may challenge the VOP proceedings and sentence, but there is no right to challenge the underlying conviction and proceedings leading to that conviction.”). 3 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 4 Kurzmann v. State, 903 A.2d 702, 716 (Del. 2006). 5 Id. 3 up to and including the balance of Level V time remaining on the original sentence.6 Ewing’s VOP sentence does not exceed the time remaining on her sentence for the unauthorized use of a motor vehicle.
discussed Cited as authority (rule) Hickman v. State
Del. · 2023 · confidence medium
The Superior Court has the authority to revoke probation and to impose a VOP sentence on the basis that a probationer has been charged with new criminal conduct, regardless of whether the new charges have yet been adjudicated.2 1 See Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (stating that the appellant has the burden to produce such portions of the transcript as are necessary to give this Court a fair and accurate account of the context in which the claim of error occurred and all evidence relevant to the challenged finding or conclusion). 2 See Wood v. State, 2012 WL 3656404 , at *1 (D…
discussed Cited as authority (rule) Williams v. State
Del. · 2022 · confidence medium
Probation is an “act of grace,” and the Superior Court has broad discretion in deciding whether to revoke a defendant’s probation.2 In a VOP hearing, the State is only required to prove by a preponderance of the evidence that the defendant violated the terms of his probation.3 A preponderance of evidence is “some competent evidence” to “reasonably satisfy the judge that the conduct of the probationer has not been as good as required by the conditions of probation.”4 Under the circumstances presented here, we conclude that the Superior Court did not abuse its discretion when it re…
discussed Cited as authority (rule) Williams v. State
Del. · 2022 · confidence medium
However, we note that although Williams claims that he was not told that he had to report to probation on the dates specified in the initial VOP report, William acknowledges that his probation officer testified at the VOP hearing that Williams had failed to report his change of address as required by 3 Desmond v. State, 654 A. 2d 821, 829 (Del. 1994). 4 Trioche v. State, 525 A.2d 151, 154 (Del. 1987). 3 the sex-offender-registration statute.
discussed Cited as authority (rule) State v. Prince
Del. Super. Ct. · 2022 · confidence medium
Off. of John Barber, Re: State of Delaware v. Diamonte Taylor (Feb. 20, 2018)). 43 White v. State, 258 A.3d 147 , 155 (Del. 2021) (internal quotation marks omitted). 44 Tricoche v. State, 525 A.2d 151, 153 (Del. 1987); see also Whitfield v. State, 524 A.2d 13, 16 (Del. 1987) (enumerating factors for analyzing reasonable probability). 45 Cabrera v. State, 840 A.2d 1256, 1265 (Del. 2004) (citation omitted), overruled on other grounds by Rauf v. State, 145 A.3d 430 (Del. 2016). 15 gotten the gun “thrown out.” Counsel cannot be found ineffective for failing to make futile arguments. 46 Accordi…
discussed Cited as authority (rule) Wilson v. State
Del. · 2021 · confidence medium
Wilson’s failure to request or provide transcripts precludes us from determining whether the VOP adjudication was based on the curfew violation or the possession of the scale.4 But even if Wilson did not violate the curfew, or if he possessed the scale for 2 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (internal quotations omitted). 3 See Henderson v. State, 2020 WL 4668999 (Del.
discussed Cited as authority (rule) Brown v. Metzger
D. Del. · 2021 · confidence medium
When denying Claim One in Petitioner’s Rule 61 proceeding, the Superior Court opined: At trial, the Court exercised its discretion, taking into consideration the standard enumerated in Tricoche [v. State, 525 A.2d 151, 153 (Del. 1987)] and D.R.E. 901(a), and allowed the drug evidence to be admitted. [Petitioner’s] central argument is that there were too many discrepancies between [] Detective Sutton’s report and testimony, and Bajwa’s report and testimony, including regarding the alleged type of cocaine (powder vs. crack), and the weight of the cocaine, to support a “reasonable proba…
discussed Cited as authority (rule) Hairston v. State
Del. · 2021 · confidence medium
Rather, the State must simply demonstrate an orderly process from which the trier of fact can conclude that it is improbable that the original item has been tampered with or exchanged.”17 This Court has ruled that, where there are inconsistencies or gaps in the testimony offered to establish the authenticity of the evidence, the “factual discrepancies, and the inferences to be drawn from them, go to the weight to be accorded the evidence rather than to its admissibility.”18 16 D.R.E. 901(a). 17 Demby v. State, 695 A.2d 1127, 1131 (Del. 1997) (citing Tricoche v. State, 525 A.2d 151, 153 (…
discussed Cited as authority (rule) Wiggins v. State
Del. · 2021 · confidence medium
This Court’s appellate review of a sentence is extremely limited and generally ends upon a determination that the sentence is within 1 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (internal quotations omitted). 2 See Henderson v. State, 2020 WL 4668999 (Del.
discussed Cited as authority (rule) Henderson v. State
Del. · 2020 · confidence medium
The lack of a transcript precludes this Court from determining whether Henderson contested the violation and, if he did, whether the evidence presented at the hearing was sufficient to establish that Henderson had violated the terms of his probation by a preponderance of the evidence.4 2 Desmond v. State, 654 A.2d 821, 829 (Del. 1994). 3 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (quoting Del.
cited Cited as authority (rule) Malone v. Butler
Del. · 2020 · confidence medium
Ct. R. 14(e); Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 8 Mahan v. Mahan, 2007 WL 1850905 , at *1 (Del.
discussed Cited as authority (rule) Wendt v. Steelcome Limited
Del. · 2020 · confidence medium
Dec. 18, 2018). 19 Seramone-Isaacs v. Mells, 873 A.2d 301, 304 (Del. 2005) (quoting Tricoche v. State, 525 A.2d 151, 154 (Del.1987)). 6 ‘must include a transcript of all evidence relevant to the challenged finding or conclusion.’”20 Without the transcript of the Court of Chancery’s oral ruling on Wendt’s motion for reargument, we are left without “a fair and accurate account of the context in which the claim of error occurred,” including whether the Court of Chancery made factual findings relevant to the issue.21 We therefore are unable to evaluate the merits of this claim on app…
discussed Cited as authority (rule) Wendt v. Steelcome Limited
Del. · 2020 · confidence medium
Dec. 18, 2018). 19 Seramone-Isaacs v. Mells, 873 A.2d 301, 304 (Del. 2005) (quoting Tricoche v. State, 525 A.2d 151, 154 (Del.1987)). 6 ‘must include a transcript of all evidence relevant to the challenged finding or conclusion.’”20 Without the transcript of the Court of Chancery’s oral ruling on Wendt’s motion for reargument, we are left without “a fair and accurate account of the context in which the claim of error occurred,” including whether the Court of Chancery made factual findings relevant to the issue. 21 We therefore are unable to evaluate the merits of this claim on ap…
discussed Cited as authority (rule) State v. Taylor
Del. Super. Ct. · 2019 · confidence medium
June 19, 2001); McNally v. State, 980 A.2d 364, 371 (Del.2009) (“In chain of custody issues, the party attempting to admit the evidence must eliminate possibilities of misidentification and adulteration, ‘not absolutely, but as a matter of reasonable probability.’ ””) (quoting Tricoche v. State, 525 A.2d 151, 153 (Del.1987))). !2 Def.’s Mot. at 7 5. '3 See State v. Pierce, 2018 WL 4771787 , at *3 (Del.
cited Cited as authority (rule) Comeger v. State
Del. · 2019 · confidence medium
Feb. 10, 2016). 5 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 3
discussed Cited as authority (rule) Huffman v. State
Del. · 2019 · confidence medium
Huffman is barred from seeking relief from the sex offender registry until twenty-five years 3 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (“This Court can only evaluate issues raised on appeal by reviewing the facts that actually appear in the record.
cited Cited as authority (rule) Ortiz-Bedolla v. State
Del. · 2019 · confidence medium
Strine, Jr. Chief Justice 12 Trioche v. State, 525 A.2d 151, 154 (Del. 1987). 6
cited Cited as authority (rule) McConaughey v. Wolfe
Del. · 2019 · confidence medium
Ct. R. 14(e); Tricoche v. Stale, 525 A.2d 151, 154 (Del. 1987). 7 Mahan v. Mahan, 2007 WL 1850905 , at *1 (Del.
discussed Cited as authority (rule) Hunter v. Gamble
Del. · 2018 · confidence medium
The record provided to this Court in an appeal must include a transcript of all evidence relevant to the challenged finding or conclusion.2 Father, as the appellant, had the burden of providing this Court with the necessary transcript 2 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987).
discussed Cited as authority (rule) Davis v. Pullin
Del. · 2018 · confidence medium
Sup. Ct. R. 14(e) (requiring the appellant to provide the Court with “such portions of the trial transcript as are necessary to give this Court a fair and accurate account of the context in which the claim of error occurred and . . . a transcript of all evidence relevant to the challenged finding or conclusion”); Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 4 Del.
cited Cited as authority (rule) Kibler v. State
Del. · 2018 · confidence medium
BY THE COURT: /s/ Gary F. Traynor Justice 2 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 3 Mayes v. State, 604 A.2d 839, 842-43 (Del. 1992). 4 11 Del.
discussed Cited as authority (rule) Baines v. Hunter
Del. · 2018 · confidence medium
Ct. R. 14(e) (requiring that “the appellant's appendix shall contain such portions of the trial transcript as are necessary to give this Court a fair and accurate account of the context in which the claim of error occurred and must include a transcript of all evidence relevant to the challenged finding or conclusion”); Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (holding the burden is on the appellant to produce parts of the trial transcript that are necessary to give the Court the context of the claim). 2
discussed Cited as authority (rule) Dickerson v. Sage
Del. · 2018 · confidence medium
June 28, 2007) (citing Tricoche v. State, 525 A.2d 151, 154 (Del. 1987)). 6 Financial Report, instead of $247.50 as reflected in the pay stubs attached to his motion for reargument, in calculating child support.
discussed Cited as authority (rule) Sewell v. State
Del. · 2017 · confidence medium
July 6, 2017) (citing Tricoche v. State, 525 A.2d 151, 154 (Del. 1987)). 3 not been as good as required by the conditions of the defendant’s probation.6 In this case, Sewell does not claim that there was insufficient evidence presented at the VOP hearing to prove that he was arrested, missed probation appointments, and failed to report a change of address to his probation officer.
cited Cited as authority (rule) Stinson v. State
Del. · 2017 · confidence medium
Feb. 10, 2016). 4 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 4
cited Cited as authority (rule) Mumford v. State
Del. · 2017 · confidence medium
June 18, 2003). 4 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 3
discussed Cited as authority (rule) Kilson v. State
Del. · 2017 · confidence medium
Thus, to the extent Kilson challenges the sufficiency of the evidence presented at the VOP hearing, we are unable to review his claim without a transcript of the hearing. 1 Jenkins v. State, 8 A.3d 1147, 1152 (Del. 2010). 2 Cruz v. State, 990 A.2d 409, 412 (Del. 2010). 3 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 3 (8) Kilson also claims that the Superior Court erred by sentencing him to six months at Level V.
discussed Cited as authority (rule) Malik J. Moss v. State of Delaware
Del. · 2017 · confidence medium
C. § 4331(1) defines “chain of custody” as the seizing officer, packaging officer, and forensic chemist.9 Moss does not dispute that the State presented 4 Tricoche v. State, 525 A.2d 151, 152 (Del. 1987) (citations omitted). 5 Brown v. State, 117 A.3d 568, 578-79 (Del. 2015) (citing McNair v. State, 990 A.2d 398, 401 (Del. 2010); Stickel v. State, 975 A.2d 780, 782 (Del. 2009)). 6 Wheeler v. State, 135 A.3d 282, 295 (Del. 2016) (citing Bradley v. State, 51 A.3d 423, 433 (Del. 2012)). 7 Brown, 117 A.3d at 579 (quoting Word v. State, 2001 WL 762854 , at *3 (Del.
cited Cited as authority (rule) Cannon v. State
Del. · 2017 · confidence medium
Ct. R. 14(e). 4 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 5 Mayes v. State, 604 A.2d 839, 845 (Del. 1995).
cited Cited as authority (rule) Hughes-Warren v. State
Del. · 2017 · confidence medium
Ct. R. 14(e). 2 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 3 11 Del.
discussed Cited as authority (rule) McCullough v. State
Del. · 2017 · confidence medium
The Superior Court properly could find that McCullough had committed his second VOP for drug use that he admitted to engaging in on December 10, 2016 while he was at MCCC. 1 Jenkins v. State, 8 A.3d 1147, 1152-53 (Del. 2010). 2 Cruz v. State, 990 A.2d 409, 412 (Del. 2010). 3 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 4 (9) McCullough also claims that the Superior Court erred by sentencing him without first ordering a case study to determine his treatment needs and by failing to credit him with all of the time he previously served on his sentence.
discussed Cited as authority (rule) Gray v. State
Del. · 2017 · confidence medium
C. § 4301 to determine if he needed drug treatment, by failing to follow the sentencing guidelines, and by failing to impose a fixed period of probation or suspension of sentence. (6) At a VOP hearing, if a defendant denies violating his probation, the State must present some competent evidence to reasonably satisfy the judge that the defendant’s conduct has not been as good as required by the conditions of his probation.1 We review the trial court’s finding of a VOP for abuse of discretion.2 As the appealing party, the appellant is required to provide this Court with a copy of the transc…
cited Cited as authority (rule) Oakes-Livingston v. Livingston
Del. · 2017 · confidence medium
June 28, 2007) (ciring Tricoche v. Slate, 525 A.2d 151, 154 (Del. 1987)). 3 Mahan v. Mahan, 2007 WL 1850905 (Del.
discussed Cited as authority (rule) Wright v. Evans-Grant
Del. · 2017 · confidence medium
June 28, 2007)(ci1ing Tricoche v. State, 525 A.2d 151, 154 (Del. 1987)). 7 Tsipouras v. Tsipoura.s', 677 A.Zd 493, 496 (Del. 1996). the scheduled hearing is an independent legal basis to reverse that portion of the Family Court’sjudgment modifying custody.8 NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED in part and REVERSED in part.
discussed Cited as authority (rule) Drake v. Orlando
Del. · 2017 · confidence medium
Ct. R. l4(e); Trioche v. Sm!e, 525 A.2d 151, 154 (Del. 1987). 4 to obtain a copy of a transcript at State expense.8 Even an appellant who is permitted to proceed in forma pauperis on appeal is required to make his own financial arrangements to obtain the necessary transcripts.° In the absence of a transcript of the custody hearing, this Court lacks an adequate basis for evaluating the Father’s claims that the Family Court failed to consider certain evidence.'0 (9) After a careful review of the parties’ briefs and the record, we find no error or abuse of discretion in the Family Court’s …
cited Cited as authority (rule) Smith v. State
Del. · 2017 · confidence medium
Ct. R. 14(e). 2 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 3 11 Del.
cited Cited as authority (rule) State v. Hill
Del. Super. Ct. · 2017 · confidence medium
Aug. 18, 2004)(citing Tricoche v. State, 525 A.2d 151, 153 (Del. 1987)). 3 D.R.E. 901(b)(1). 4 Graves v. State, 2006 WL 496140 , at *2 (Del.
discussed Cited as authority (rule) Walker v. State
Del. · 2017 · confidence medium
Under these circumstances, we find no plain error in the admission of the gun into evidence at trial. (10) Walker’s second claim on appeal relates to Officer Nicolosi’s testimony at trial that the gun she retrieved contained nine bullets (one in the 5 Guinn v. State, 841 A.2d 1239, 1241 (Del. 2004). 6 Whitfield v. State, 524 A.2d 13, 16 (Del. 1987). 7 Tricoche v. State, 525 A.2d 151, 153 (Del. 1987). 5 chamber and eight in the magazine), which were logged into the police evidence locker along with the gun.
cited Cited as authority (rule) Miller v. State
Del. · 2016 · confidence medium
Vaughn, Jr. Justice 3 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). 4
discussed Cited as authority (rule) Stulir v. State
Del. · 2016 · confidence medium
Gamble v. State, 728 A.2d 1171, 1172 (Del. 1999). 5 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (finding that the appellant had the burden of providing the transcript necessary for the appeal). 6 Id.
discussed Cited as authority (rule) Thompson v. State
Del. · 2016 · confidence medium
C. § 4334(0), when imposing sentence for a VOP, the Superior Court is authorized to impose any period of incarceration up to and including the balance of the Level V time remaining to be served on the original sentence.8 ln this case, Thompson does not allege, and the record does not reflect, that the VOP sentence imposed on June 10, 2016 exceeded 5 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987); Albanese v. State, 2012 WL 3115480 , at *2 n.2 (Del.
cited Cited as authority (rule) Stevenson v. State
Del. · 2016 · confidence medium
Tricoche v. State, 525 A.2d 151, 154 (Del. 1987); see also Del.
discussed Cited as authority (rule) Mayo v. State
Del. · 2016 · confidence medium
Mayo did not file any documents reflecting that he took the necessary steps to obtain a transcript. 15 Tricoche v. State, 525 A.2d 151, 154 (Del. 1987) (holding that review of an appellant's claim was precluded on appeal because the appellant did not provide transcripts of the trial court's ruling as required by court rules). 5
Retrieving the full opinion text from the archive…
Nephtali TRICOCHE, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee
Supreme Court of Delaware.
May 5, 1987.
525 A.2d 151
Anthony A. Figliola, Jr., Wilmington, for appellant., Richard E. Fairbanks, Jr., Deputy Atty. Gen., for appellee.
Christie, Walsh, Holland.
Cited by 109 opinions  |  Published
HOLLAND, Justice.

Following a non-jury trial in the Superior Court in and for New Castle County, the defendant, Nephtali Tricoche, was convicted of various drug related offenses. On appeal, the defendant raises two claims. First, he asserts that the State did not adequately establish a chain of custody for the drugs that were admitted into evidence. Second, he asserts that he was denied his right of self-representation. The State moved to affirm the judgment of the Superior Court pursuant to Supreme Court Rule 25(a) on the grounds that it is manifest upon the face of the appellant’s brief that this appeal is without merit. We find that the State’s motion should be granted and that the convictions should be affirmed.

I

The first claim which the defendant raises on appeal relates to the adequacy of the chain of custody of the drugs that were introduced into evidence at trial over the objection of defense counsel. The substantive facts of the crimes are not in dispute. The defendant, however, does challenge the procedures that were followed.

Officer James Lane of the City of Wilmington Police Department testified that he purchased a package of cocaine from[*152] Tricoche and a co-defendant. Following the purchase, Officer Lane stated that he immediately directed fellow officers to the defendant and the co-defendant. According to Lane, the defendant dropped “other drugs” as Lane and the other officers approached. All of the drugs which were seized at the crime scene were given to Officer Lane.

The drugs were “field tested” at the scene of the crime by Officer Nolan, in the presence of Officer Lane. Following the field tests, Officer Lane placed the packaged drugs into a departmental evidence envelope which he sealed and initialled. The drugs were in “little bags” when they were deposited into the evidence envelope. The “little bags” were not initialled or marked by Officer Lane.

The defendant’s attorney objected to the admission of “little bags” into evidence when Officer Lane testified at trial that he did not know if the “little bags” marked for identification were the same packages that he had placed into the sealed evidence envelope. Officer Lane did testify, however, that he had secured the sealed evidence envelope in the police department’s evidence locker, removed the envelope from the evidence locker and, in the normal course of business turned it over to the State medical examiner’s office for a chemical analysis of its contents.

The State completed its evidence relating to the chain of custody of the “little bags” of drugs with the testimony of a forensic chemist, Mr. Tezcan. Tezcan worked for the medical examiner’s office. Tezcan testified that he performed the chemical analysis on the contents of the evidence envelope and described his actions when he received the sealed evidence envelope. First, Tezcan examined the exterior portion of the evidence envelope for signs of tampering or damage during storage. After Tezcan satisfied himself that the evidence envelope showed no signs of tampering or damage, he opened the end of the evidence envelope which was opposite to the seal. Tezcan then removed the contents from the envelope. Tezcan testified that the contents were the “little bags” of drugs marked for identification at trial. Tezcan compared the contents of the envelope with the evidence receipt. Having further satisfied himself that the contents (“little bags”) and the evidence receipt matched, Tezcan proceeded with his chemical analysis. Following the chemical analysis, the evidence envelope and its contents were secured by Tezcan until the defendant’s trial.

At trial, the defendant stipulated to the accuracy of the results of Tezcan’s chemical analysis. The trial court ruled that an adequate chain of custody had been established and admitted the “little bags” of drugs into evidence. The defendant’s sole challenge to the chain of custody at trial and on appeal is that the individual packages (“little bags”) of drugs that were placed inside of the sealed evidence envelope were not initialled or marked by Officer Lane.

In general, the decision of whether to admit evidence, in particular circumstances, is within the trial judge’s discretion. Ciccaglione v. State, Del.Supr., 474 A.2d 126, 130 (1984); Lampkins v. State, Del.Supr., 465 A.2d 785, 790 (1983); Thompson v. State, Del.Supr., 399 A.2d 194, 198-99 (1979). The exercise of judicial discretion in making evidentiary rulings often centers around authentication or identification. Under D.R.E. 901(a), the party offering an item for evidence at trial is required to present other “evidence sufficient to support a finding that the matter in question is what its proponent claims.” The State may authenticate an item which it claims was involved with a crime in two ways. “It may have witnesses visually identify the item as that which was actually involved with the crime, or it may establish a ‘chain of custody,’ which indirectly establishes the identity and integrity of the evidence by tracing its continuous whereabouts.” [1] Whitfield v. State, Del.Supr., 524 A.2d 13, 16.

[*153] In the present case, no witness could positively identify the “little bags” of drugs as the actual drugs seized from the defendant. A similar situation presented itself in Whitfield. In Whitfield, the evidence in issue was a sawed-off shotgun and no witness could positively identify the weapon as the actual instrumentality used by Whitfield in the alleged robbery. Consequently, in this case, as in Whitfield, to authenticate the drugs, the State was required to adequately trace their continuous whereabouts, i.e., their physical location from the time of their seizure at the crime scene until the time of trial.

In Whitfield, we held that relevant factors in a chain of custody analysis included “the nature of the article, the circumstances surrounding its preservation in custody, and the likelihood of intermeddlers having tampered with it. Id. Citing United States v. Gay, 774 F.2d 368, 374 (1985). This holding was entirely consistent with the test for a proper chain of custody which was established by this Court in Clough v. State, Del.Supr., 295 A.2d 729 (1972). The State was required to eliminate possibilities of misidentification and adulteration, not absolutely, but as a matter of reasonable probability. Tatman v. State, Del.Supr., 314 A.2d 417, 418 (1973); Clough v. State, Del.Supr., 295 A.2d 729, 730 (1972). The State had to “convince the Court that it is improbable that the original item had been exchanged with another or otherwise tampered with.” United States v. Howard-Arias, 679 F.2d at 366; see also United States v. Mendel, 746 F.2d at 167. Whitfield v. State, p. 16. In Clough, the Court concluded that “[t]he test is reasonable probability that no tampering occurred.” 295 A.2d at 730.

Our holding in Whitfield expanded Clough and also required the State to prove a rational basis from which the trier of fact may conclude that the exhibit did, in fact, belong to the defendant. The State can satisfy this burden by producing evidence which satisfies a two-pronged test, best described in Whitfield as nexus and similarity. More specifically, (1) the foundation witness must state that the instrumentality is at least like the one associated with the crime and (2) the evidence must establish that the instrumentality is connected to the defendant and the commission of the crime. Whitfield v. State, Del.Supr., p. 16.

In this case, Officer Lane testified that the “little bags” of drugs which were offered into evidence were similar to those seized at the crime scene. Officer Lane further testified that he placed the drugs that had been seized from the defendant into unmarked “little bags”. Those bags were inserted into a marked evidence envelope that was subsequently sealed and secured in a police evidence locker until delivery to the State chemist. The chemist testified that when he received the marked evidence envelope there were no signs of tampering or damage. The chemist also testified that he personally satisfied himself that the contents of the sealed evidence envelope matched the evidence receipt. We find that this evidence by the State sufficiently connected the “little bags” of drugs offered at trial with the defendant at the crime scene.

In this case, the State demonstrated a chain of custody which established the identity and integrity of the evidence by tracing its continuous whereabouts. The State met its burden of eliminating with reasonable probability, misidentification or adulteration, as required under Clough. The State also met its burden of establishing the similarity and nexus requirements established under Whitfield. The “little bags” of drugs were properly admitted into evidence.

II

The defendant’s second claim on appeal is an allegation that he was denied his right of self-representation. Faretta v. [*154] California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Hooks v. State, Del.Supr., 416 A.2d 189, 197 (1980). The jurisdiction of this Court to review criminal causes is set forth in Article IV, § ll(l)(b) of the Delaware Constitution which authorizes it “to determine finally all matters in error in the judgments and proceedings” of the Superior Court in criminal causes. The right to review, by its very nature, can only be accomplished with an accurate record of the proceedings in the Superior Court. Parker v. State, Del.Supr., 8 Storey 102, 205 A.2d 531 (1964).

The rules of this Court direct all parties to order a transcript and to include in their appendix those portions of the record which are relevant to any claims on appeal. In particular, this defendant, as the appellant, had the burden of producing “such portions of the trial transcript as are necessary to give this Court a fair and accurate account of the context in which the claim of error occurred” and the record “must include a transcript of all evidence relevant to the challenged finding or conclusion.” Supreme Court Rule 9(e)(ii) and Rule 14(e).

The defendant alleges that the Superior Court denied his request for self-representation when it was raised at the call of the criminal calendar. The notice of appeal in this case and the appendix in the defendant’s opening brief make no reference to a transcript of the proceedings at the call of the criminal calendar. The only reference to that pretrial proceeding appears in the defendant’s appendix when the defendant’s attorney informed the trial judge of an earlier ruling that the defendant could not represent himself. [2]

There is no record on appeal showing the defendant’s actual request to represent himself and there is no record of the facts which led the Superior Court to rule upon that request, if made. The defense counsel’s summary of what occurred, that appears on one page of the defendant’s appendix in this appeal, provides an inadequate basis for evaluating the claim relating to the alleged denial of self-representation.

The defendant’s opening brief in this case states “the record would show that the defendant was sufficiently advised of the dangers of self-representation and was willing to accept the dangers.” (emphasis added). This Court can only evaluate issues raised on appeal by reviewing the facts that actually appear in the record. The failure of the defendant to include in the record adequate transcripts of the proceedings, as required by the rules of this Court, precludes appellate review of his claim that he was denied self-representation.

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court is

AFFIRMED.

1

. United States v. Zink, 612 F.2d 511, 514 (10th Cir.1980); see also D.R.E.901, comment; United States v. Gay, 774 F.2d 368, 374 (10th Cir.1985); United States v. Mendel, 746 F.2d 155, 166-67 (2d Cir.1984); cert. den., 469 U.S. 1213, 105 S.Ct. 1184, 84 L.Ed.2d 331 (1985); United States v. [*153] Howard-Arias, 679 F.2d 363, 366 (4th Cir.1982); cert. den. 459 U.S. 874, 103 S.Ct. 165, 74 L.Ed.2d 136 (1982); United States v. Phillips, 640 F.2d 87, 94 (7th Cir.1981), cert. den. 451 U.S. 991, 101 S.Ct. 2331, 68 L.Ed.2d 851 (1981).

2

. The Superior Court trial judge was not the judge who presided at the call of the criminal calendar.