People v. Dawkins
230 Cal. App. 4th 991
| Cal. Ct. App. | 2014Background
- Dawkins appeals a burglary conviction after a jury trial; he admitted a prior serious felony strike and a prior prison term at sentencing.
- The 9-1-1 call described a male, black suspect in gray clothing entering apartment No. 7; a deputy later recovered a duffel bag identified as Flores’s.
- Deputies relied on a voice-print system to obtain the 9-1-1 recording; Deputy Jimenez authenticated the recording and its transcript.
- The trial court ruled the 9-1-1 recording qualified as a business record and authenticated it under Evidence Code rules; defense objected to Deputy Jimenez's authentication.
- The court admitted the audio recording and transcript over defense objections; the judgment was affirmed on appeal.
- The Court of Appeal held the foundation for authentication and the computer-generated data were sufficient to admit the recording without converting hearsay into inadmissible evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 9-1-1 recording was properly authenticated | Dawkins | Dawkins | Yes; proper authentication existed under Goldsmith and related authorities |
| Whether the recording was admissible as a business record and not hearsay | The recording is a business record | Authentication issues separate from hearsay | Admissible; not improper hearsay for computer output |
| Whether the trial court abused its discretion in admitting the recording given potential reliability concerns | Prosecution proves reliability | Reliability questions affect weight | No abuse; foundation and content supported admissibility |
Key Cases Cited
- People v. Goldsmith, 59 Cal.4th 258 (Cal. 2014) (authentication of electronic records; two-step foundation; accuracy not required to the degree of perfection)
- People v. Martinez, 22 Cal.4th 106 (Cal. 2000) (automatic computer printouts generally admissible; weight for accuracy questions on cross-exam)
- People v. Lugashi, 205 Cal.App.3d 632 (Cal. App. 1988) (CLETS printouts; admissibility as business records; weight determined later)
- Jazayeri v. Mao, 174 Cal.App.4th 301 (Cal. App. 2009) (authenticity of writings; prima facie case standard for authenticity)
- United States v. Catabran, 836 F.2d 453 (9th Cir. 1988) (computer printouts; admissibility; weight affects credibility)
- People v. Nazary, 191 Cal.App.4th 727 (Cal. App. 2010) (digital records; authentication principles and weight considerations)