Bynum v. United States

133 A.3d 983, 2016 D.C. App. LEXIS 55, 2016 WL 1273278
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 17, 2016
DocketNos. 14-CF-1007, 14-CF-1344
StatusPublished
Cited by10 cases

This text of 133 A.3d 983 (Bynum v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bynum v. United States, 133 A.3d 983, 2016 D.C. App. LEXIS 55, 2016 WL 1273278 (D.C. 2016).

Opinion

FISHER, Associate Judge:

After a joint jury trial, appellants Kevin Bynum and Kevin Womack were convicted of receiving stolen property (“RSP”)1 and unauthorized use of a vehicle (“UUV”),2 among other offenses not challenged here. On appeal, appellant Bynum disputes the sufficiency of the evidence supporting his UUV and RSP convictions, and both appellants contest the admission of District of Columbia Department of Motor Vehicles (“DMV’) records. We affirm.

I. Background

On February 9, 2013, Officer Jeffrey Jones tried to stop a silver Chrysler Con[985]*985corde after hearing a radio run describing a stolen vehicle fleeing police and then seeing it driving the wrong way down Florida Avenue at twice the speed limit. The driver of the Concorde fled from Officer Jones at a high speed, running two red lights. Shortly thereafter, Jones arrived at the scene of a collision involving the Concorde and a red Toyota Solara.' Officer Jones saw appellant Womack exit the Concorde through the driver’s window and appellant Bynum exit through the passenger door. Both appellants ran away but were apprehended after short pursuits.

The ignition in the silver Concorde had been “punched,” meaning that

a blunt object has been taken to the ignition column to break the ignition, to remove it so that you can stick an item — for example, a flathead screwdriver — into the ignition and use that to start the car, instead of the ignition itself because, for the ignition, you need a key.

There were “multiple” air fresheners hanging in the area of the “punched” ignition. In the government’s photographs, however, the air fresheners do not hide or obscure the ignition. There was also a brick or stone in the Concorde’s glove compartment, which could have , been the tool used to break the ignition column.

The owner of the silver Concorde did not testify. To prove that the vehicle was stolen and that appellants’ use of it was unauthorized, the government sought to introduce DMV records, which stated that the car was registered and titled in the name of Mr. Charles Singletary. The court admitted the records over appellants’ objections. Neither appellant testified in his own defense.

II. DMV Records

Appellants argue that the DMV records were inadmissible hearsay without testimony from the clerk who’ created them. Appellants also‘argue that admitting the records violated their lights under the Confrontation Clause because the records are testimonial and were created specifically for litigation.

' This court reviews the admission or exclusion of evidence for abuse of discretion. See Dutch v. United States, 997 A.2d 685, 689 (D.C.2010). However, we review de novo questions of statutory interpretation or whether evidence violates the Confrontation Clause.3 Eaglin v. District of Columbia, 123 A.3d 953, 955 (D.C.2015) (statutory interpretation); Carrington v. District of Columbia, 77 A.3d 999, 1003 (D.C.2013) (Confrontation Clause).

The D.C.Code gives the Director of the DMV authority to “create and transfer titles electronically,” and states that “[a] duly certified copy of the Director’s electronic record of a title or hen shall be admissible in any civil, criminalj or administrative proceeding as evidence of ownership.” D.C.Code § 50-1218(a), (b) (2012 Repl.). ■ The Code further dictates that “[a] certified copy of any record of the Department of Motor .Vehicles shall be deemed authentic without further testimony as evidence in any judicial proceeding or administrative hearing.” D.C.Code § 50-1301.05a (a) (2012 Repl.). The legislative history confirms that the statutes were intended to “ease the admissibility of DMV records in court” and would specifically “allow a certified copy of a record to be admitted without the testimony of a DMV employee.” D.C. Council, Report on Bill 16-821 at 8 (Nov. 8, 2006).4

[986]*986Both of the DMV records bore the following certification:

This is an official document of the District of Columbia Department of Motor Vehicles, maintained under a duty imposed by law. I certify that the information contained herein is a true and accurate record. I further certify that the information contained herein is within my custody and control and that I have personal knowledge of the information contained within this document.

“This court, along with other courts, has not treated data created and stored electronically any differently from other data” when applying evidentiary rules. Cf. Dutch, 997 A.2d at 689 (applying business records hearsay exception).' Thus, the DMV records are plainly admissible under the statutes and need not separately satisfy any hearsay exception.

“[T]he Confrontation Clause of the Sixth Amendment bars the admission of testimonial hearsay against a criminal defendant at trial, unless the witness is unavailable and the defendant has had a pri- or opportunity to cross-examine him.” Jenkins v. United States, 75 A.3d 174, 180 (D.C.2013). The Supreme Court has explicitly instructed that records “created for the administration of an entity’s affairs and not for the' purpose of establishing or proving some fact at trial ... are not testimonial.” Melendez-Diaz v. Massachusetts, 557 U.S. 305, 324, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009).

In this case, DMV registration and title records are the product of “routine, objective[ ] cataloging” of “unambiguous factual matter.” United States v. Bahe-nar-Cardenas, 411 F.3d 1067, 1075 (9th Cir.2005). It is one of the express “[c]us-tomer service functions” of the DMV- to “[t]itle and register” vehicles in the District. .. D.C.Code § 50-904(2)(A) (2012 Repl.).- As stated previously, the statute permits the Director to create and maintain those records electronically, and the electronic records are fully admissible in court proceedings. D.C.Code § 50-1218(a), (b); D.C.Code § 50-1301.05a (a). Merely printing and certifying a copy of an electronic record does not impact its admissibility — the record is created when the-information is entered into the DMV’s electronic database, not when a DMV employee clicks on the “print” button and sighs the certifying statement oh the copy. Cf. Tabaka v. District of Columbia, 976 A.2d 173

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Bluebook (online)
133 A.3d 983, 2016 D.C. App. LEXIS 55, 2016 WL 1273278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bynum-v-united-states-dc-2016.