State v. Snead

783 S.E.2d 733, 368 N.C. 811, 2016 WL 1551403, 2016 N.C. LEXIS 313
CourtSupreme Court of North Carolina
DecidedApril 15, 2016
Docket90PA15
StatusPublished
Cited by27 cases

This text of 783 S.E.2d 733 (State v. Snead) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Snead, 783 S.E.2d 733, 368 N.C. 811, 2016 WL 1551403, 2016 N.C. LEXIS 313 (N.C. 2016).

Opinion

NEWBY, Justice.

*812 This case is about whether the State properly authenticated a surveillance video showing defendant stealing shirts from a Belk Department Store (Belk) and whether a witness’s lay opinion testimony based on that video was admissible. By presenting evidence that the video surveillance system was reliable and that the video presented at trial had not been altered, the State properly authenticated the video. Moreover, because defendant failed to make a timely objection to the witness’s testimony, he failed to preserve that issue for appellate review. Accordingly, we reverse the decision of the Court of Appeals on those issues.

Defendant was indicted for felony larceny and conspiracy to commit felony larceny after he and another man stole shirts from Belk. The indictment alleged that on 1 February 2013, defendant stole and conspired to steal “clothing including but not limited to Ralph Lauren Polo shirts” worth more than one thousand dollars. See N.C.G.S. §§ 14-2.4, -72(a) (2015). Belk’s surveillance system captured the theft on video, and defendant admitted that he committed the act depicted therein. The only contested issue at trial was the value and quantity of the stolen shirts. Specifically, the State argued that defendant stole twenty to thirty Ralph Lauren shirts worth more than one thousand dollars, while defendant claimed he only stole seven, non-brand-name shirts worth less than one thousand dollars.

At trial the State called Toby Steckler, a regional loss prevention manager for Belk, to authenticate the surveillance video for admission into evidence and to offer his opinion about the contents of the video. Steckler testified that he was familiar with how Belk’s video surveillance system works. He testified that the Belk store in question operates surveillance cameras connected to a digital video recorder, which stores between thirty and sixty days of video. The video recorder is “industry standard” and has safeguards to prevent tampering, including a watermark and a time and date stamp. When an incident occurs in the store, such as a theft, it is “common business practice” for Belk to copy the video from the digital video recorder to a compact disc (CD). Steckler testified that on 1 February 2013, the digital video recorder captured a person later identified as defendant and another man stealing shirts from Belk. Steckler viewed the incident after the fact on the digital video recorder, and he later reviewed the incident after it was burned onto a CD. Steckler testified that the video copied to the CD and presented as evidence at trial was the same as that on the digital video recorder.

Defendant objected to introduction of the video into evidence, arguing the State failed to properly authenticate it. Outside the presence of the jury, defense counsel argued that because Steckler was not at *813 Belk on the date of the theft, he could not properly testify that the video “captured fairly and accurately what occurred on that date.” The trial court overruled defendant’s objection. Before the jury returned to the courtroom, however, the State played the video, which showed defendant grabbing stacks of shirts from a table while a second man grabbed sweatshirts hanging on a rack. The video also showed both men run out of the store with the merchandise and jump into a vehicle, driven by a third person. At the conclusion of the video, defendant stated that he had no further objections to admission of the video.

Before the jury returned to the courtroom, defendant objected to any testimony by Steckler regarding the value of the stolen shirts, arguing that this information had not been provided in discovery and was not based on Steckler’s personal knowledge. During voire dire, Steckler testified that he knew defendant stole Ralph Lauren Polo shirts because the shirts were located in the Ralph Lauren section of the store and the table from which defendant took shirts was specifically designated for Ralph Lauren Polo shirts. Steckler further testified that although he did not know specifically what was on the table on 1 February 2013, or the exact quantity of shirts that were stolen, he estimated that defendant stole twenty to thirty shirts based on the fact that Ralph Lauren typically requires Belk to pile six to eight shirts per stack and defendant took multiple stacks of shirts.

The trial court ruled that Steckler could not testify that the shirts on the table were Ralph Lauren shirts, but he could testify that the shirts were located in the Ralph Lauren Polo section of the store, that if they were Ralph Lauren Polo shirts, they would have been stacked a certain way to meet Ralph Lauren’s standards, and that Ralph Lauren Polo shirts were priced at “X number of dollars” on 1 February 2013.

The jury then returned to the courtroom and the State played the video. Steckler testified that “[y]ou can see [defendant] stacking shirts” while “the other gentleman grab[s] the armful of sweatshirts.” Steckler testified that he is “familiar with the merchandise” in Belk stores and that both the table and the rack of sweatshirts were located in the Ralph Lauren Polo section. He explained that Ralph Lauren Polo shirts are uniformly folded in a specific fashion and axe stacked six to eight shirts per pile. Based on the video, Steckler estimated that defendant stole twenty to thirty polo shirts and that the second man stole five to eight sweatshirts. According to Steckler’s testimony, on 1 February 2013, the fair market value of one Ralph Lauren Polo shirt was between eighty-five and eighty-nine dollars and fifty cents, and the value of each sweatshirt was ninety-five dollars. Defendant did not object to Steckler’s estimate *814 of the value or number of shirts stolen at the time the State elicited this testimony before the jury. The jury convicted defendant of felony larceny and conspiracy to commit felony larceny.

In a unanimous opinion, the Court of Appeals held, inter alia, that the trial court erred by admitting the video of defendant shoplifting because the video was not properly authenticated, State v. Snead,_ N.C. App._,_, 768 S.E.2d 344, 347 (2015), and abused its discretion by admitting Steckler’s estimate of the value of the stolen shirts because the testimony was not based on Steckler’s firsthand knowledge or perception, id. at_, 768 S.E.2d at 349-50. The Court of Appeals concluded that these errors were prejudicial because the State presented no other evidence to establish that the value of the stolen property exceeded one thousand dollars. Id. at_, 768 S.E.2d at 348-50. 1 Accordingly, the Court of Appeals vacated defendant’s conviction for felony larceny and remanded for entry of judgment and resentencing on the lesser included offense of misdemeanor larceny. 2 Id. at_, 768 S.E.2d at 350. We allowed the State’s petition for discretionary review.

We agree with the State that Steckler’s testimony was sufficient to authenticate the surveillance video under North Carolina Rule of Evidence 901. Rule 901(a) requires that evidence be authenticated by showing “that the matter in question is what its proponent claims.” N.C.G.S. § 8C-1, Rule 901(a) (2015).

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Cite This Page — Counsel Stack

Bluebook (online)
783 S.E.2d 733, 368 N.C. 811, 2016 WL 1551403, 2016 N.C. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-snead-nc-2016.