Edgar Edmundo Moreno v. Commonwealth of Virginia
65 Va. App. 121
| Va. Ct. App. | 2015Background
- Edgar Moreno was arrested for misdemeanor assault and battery after a fight with his uncle Felix Ramirez; trial continued to allow Ramirez to be subpoenaed.
- Moreno submitted a handwritten “accord and satisfaction” letter, purportedly from Ramirez, to the general district court and obtained dismissal of the criminal charge under Code § 19.2-151.
- Ramirez later denied writing or seeing the letter and spoke little English; Deputy McCormack became suspicious and Moreno was arrested and indicted for uttering a forged public record (Code § 18.2-168).
- At trial the jury convicted Moreno of uttering a forged public record; he appealed, arguing the letter was not a “public record” under Code § 42.1-77 and thus could not support a § 18.2-168 conviction.
- The Court of Appeals reviewed statutory construction de novo and viewed factual findings in the light most favorable to the Commonwealth.
Issues
| Issue | Plaintiff's Argument (Moreno) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether the accord-and-satisfaction letter is a “public record” under Code § 42.1-77 | The letter documents a private transaction between two individuals, was not prepared by a public official, and did not meet § 19.2-151’s requirements (victim appearance/acknowledgement), so it is not a public record | The letter documented a transaction with the court/prosecutor, was submitted to and retained by the court in connection with public business, and therefore fits § 42.1-77’s definition | The letter is a public record because it documented a transaction with the court and was received in connection with the transaction of public business |
Key Cases Cited
- Coleman v. Commonwealth, 66 Va. (25 Gratt.) 865 (establishing common-law definition of "public record")
- Reid v. Commonwealth, 16 Va. App. 468 (noting Virginia Public Records Act broadened common-law public-record concept)
- Hines v. Commonwealth, 39 Va. App. 752 (traffic summons prepared by officer is a public record)
- Saunders v. Commonwealth, 211 Va. 399 (party cannot invite error and then complain on appeal)
- Batts v. Commonwealth, 30 Va. App. 1 (approbation and reprobation principle prevents taking inconsistent positions)