State v. Sneed
210 N.C. App. 622
N.C. Ct. App.2011Background
- Defendant Sneed was convicted of robbery with a dangerous weapon, possession of stolen property (a handgun), and misdemeanor fleeing to elude arrest with a motor vehicle.
- The State presented evidence that the victim was carjacked at gunpoint at an Exxon station in Raleigh on 16 July 2008, with subsequent pursuit and gunfire damaging the victim's windshield.
- Police recovered the gun and other items; the NCIC database later indicated the gun with the same serial number had been reported stolen in South Miami, Florida.
- Defendant challenged admissibility of evidence tying the gun to being stolen, including NCIC data, a South Miami police report, and related telephone statements, on hearsay grounds.
- Defendant testified he bought the gun in Miami from an unknown seller, denied owning or possessing it on the date of the incident, and claimed he did not register the gun.
- The trial court admitted the challenged evidence; the jury found defendant guilty on the charged offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NCIC gun-stolen information is admissible as a business record | State argues NCIC data qualifies under Rule 803(6) as a business record. | Sneed contends the State failed to foundation for Rule 803(6) admission, lacking custodian testimony. | NCIC evidence admitted as proper business-record foundation. |
| Whether admission of the challenged evidence constitutes plain error | State asserts any error was not plain error and would not change result. | Sneed contends the evidence could have changed the verdict on possession of stolen property. | No plain error; even if excluded, no probable different verdict. |
Key Cases Cited
- State v. Odom, 307 N.C. 655 (1983) (plain-error standard in criminal appeals)
- Windley, 173 N.C.App. 187 (2005) (unpublished in term; admissibility of forensic business records)
- Cooper v. Commonwealth, 680 S.E.2d 361 (2009) (NCIC-like records admissible under business records if regularity shown)
- Frye v. Commonwealth, 345 S.E.2d 267 (1986) (reliance on hearsay business-record foundation)
- State v. Lemons, 352 N.C. 87 (2000) (harmless error standard for confrontation/plain-error review)