260 N.C. App. 684
N.C. Ct. App.2018Background
- Defendant, on probation with a GPS ankle monitor, was charged with interfering with an electronic monitoring device and later indicted as a habitual felon.
- On 24 September 2015, BI Total Monitoring alerted probation that the ankle strap had been tampered with; the monitor was later found in a ditch ~1,928 feet from a road.
- Probation officers testified about the GPS/beacon system, serial-number assignment, and that BI Total Monitoring’s database logs which monitor is assigned to which probationer.
- Officer Ashe testified (over an objection) that BI Total Monitoring’s alert identified the monitor as assigned to defendant; Officer Plaster testified about the monitoring system’s operation and database reliability.
- For the habitual-felon phase, the State introduced ACIS (Automated Criminal/Infraction System) printouts to prove a 4 June 2001 felony conviction; defendant objected under the best-evidence rule.
- The jury convicted defendant of interfering with the monitor and of habitual-felon status; defendant appealed arguing (1) hearsay/plain-error as to the GPS/database testimony and (2) erroneous admission of an ACIS printout to prove a prior conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of GPS/database-based testimony | Such tracking data and reports are business records admissible to show the monitor was assigned to defendant | Testimony identifying the monitor based on BI reports was inadmissible hearsay and foundation was inadequate (plain error) | Admission was proper under the business-records exception; officers laid sufficient foundation; no plain error |
| Admissibility of ACIS printout to prove prior conviction under Habitual Felon Act | ACIS printout, certified by Clerk, is an admissible duplicate of court records and may prove prior conviction under §14-7.4; best-evidence rule does not bar it | ACIS printout is not a court record; State failed to show reasonable diligence to locate original judgment under the best-evidence rule / Rule 1005 | Majority: ACIS printout admissible as sufficient proof (Clerk certified it; statute permissive). Concurrence: would reverse as State failed to meet best-evidence foundation |
Key Cases Cited
- State v. Gardner, 237 N.C. App. 496 (2014) (GPS tracking evidence and simultaneously prepared reports admissible as business records)
- State v. Jackson, 229 N.C. App. 644 (2013) (foundation for computerized business records admissible with witness familiar with system)
- LexisNexis Risk Data Mgmt., Inc. v. N.C. Admin. Office of the Courts, 368 N.C. 180 (2015) (ACIS duplicates and compiles clerks’ physical court records; AOC maintains ACIS)
- State v. Wall, 141 N.C. App. 529 (2000) (faxed certified copy of criminal record admissible under §14-7.4; statute permissive)
- State v. Best, 202 N.C. App. 753 (2010) (printed screenshot of AOC/ACIS record constitutes a copy of an electronically maintained court record for proof of prior conviction)