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[T] State v. Smith2/3/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Jimmy Fitzgerald Smith ("defendant") appeals from judgments entered on a jury's verdict convicting him of felony possession of stolen goods, felonious fleeing to elude arrest with a motor vehicle, and resisting a public officer. We find no error.
I. Background
On 12 January 2001, David Allen Bullen ("victim") looked out his office window and saw someone attempting to steal his black 1998 Nissan pickup truck. The victim ran out to the parking lot to stop the theft of his truck and struggled with the perpetrator. The perpetrator, whom the victim later identified as defendant, drove off in the truck. The victim reported the incident to the Red Springs Police Department. On 16 January 2001, the Red Springs Police Department was notified that the stolen truck was parked outside of a home in a mobile home park. The Robeson County Sheriff's Department was asked to assist in the apprehension of defendant since the mobile home park was located outside the Red Springs Police Department's jurisdiction. Some of the officers knew that defendant had been driving the stolen truck. Officers located the truck and saw defendant exit the home, enter the truck, and drive it away from the mobile home park. Several officers pursued defendant. A high-speed chase ensued as defendant failed to stop at stop lights and stop signs, and sped through school zones at speeds exceeding one hundred miles per hour.
The pursuit ended when defendant lost control of the truck and crashed it into an occupied mobile home, knocking the home off its foundation. Defendant exited the truck and ran from the officers. While running, defendant looked back at the officers and ran into a tree. Robeson County Deputy Sheriff Butch Campbell apprehended and handcuffed defendant. Several officers testified that defendant was combative, pulled away, and tried to run while the officers were attempting to handcuff him. Defendant offered no evidence.
II. Issues
The issues presented are whether the trial court erred in: (1) admitting a North Carolina Division of Motor Vehicles' ("DMV") record for purposes of showing that defendant's driver's license had been revoked; (2) denying defendant's motion to dismiss; and(3) allowing the prosecutor to state in closing argument that certain evidence was uncontradicted.
III. DMV Record
Defendant contends the trial court erred in admitting his DMV record without properly authenticating the document. N.C. Gen. Stat. ยง 20-28(a) (2003) states that it is unlawful for a person to drive with a revoked license. To be convicted under this statute, the State must show that: "(1) [defendant] operated a motor vehicle, (2) on a public highway, (3) while his operator's license was suspended or revoked, and (4) had knowledge of the suspension or revocation." State v. Woody, 102 N.C. App. 576, 578, 402 S.E.2d 848, 850 (1991).
Rule 902 of the North Carolina Rules of Evidence provides that:
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(4) Certified Copies of Public Records - A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification .
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