Aftеr a joint jury trial, appellants Kevin Bynum and Kevin Womack were convicted of receiving stolen property (“RSP”)
I. Background
On February 9, 2013, Officer Jeffrey Jones tried to stop a silver Chrysler Con
The ignition in the silver Concorde had been “punched,” meaning that
a blunt object has been taken to the ignition column to break the ignition, to remove it so that you can stick an item — for example, a flathead screwdriver — into the ignition and use that to start the car, instead of the ignition itself because, for the ignition, you need a key.
There were “multiple” air fresheners hanging in the area of the “punched” ignition. In the government’s photographs, however, the air fresheners do not hide or obscure the ignition. There was also a brick or stone in thе Concorde’s glove compartment, which could have , been the tool used to break the ignition column.
The owner of the silver Concorde did not testify. To prove that the vehicle was stolen and that appellants’ use of it was unauthorized, the government sought to introduce DMV records, which stated that the car was registered and titled in the name of Mr. Charles Singletary. The court admitted the records over appellants’ objections. Neither аppellant testified in his own defense.
II. DMV Records
Appellants argue that the DMV records were inadmissible hearsay without testimony from the clerk who’ created them. Appellants also‘argue that admitting the records violated their lights under thе Confrontation Clause because the records are testimonial and were created specifically for litigation.
' This court reviews the admission or exclusion of evidence for abuse of discretion. See Dutch v. United States,
The D.C.Code gives the Director of the DMV authority to “create and transfer titles electronically,” and stаtes that “[a] duly certified copy of the Director’s electronic record of a title or hen shall be admissible in any civil, criminalj or administrative proceeding as evidence of ownership.” D.C.Code § 50-1218(a), (b) (2012 Repl.). ■ The Code further dictates that “[a] certified copy of any record of the Department of Motor .Vehicles shall be deemed authentic without further testimony as evidence in any judicial proceeding or administrative hearing.” D.C.Code § 50-1301.05a (a) (2012 Repl.). The legislative history confirms that the statutes were intended to “ease the admissibility of DMV records in court” and would specifically “allow a certified copy of a record to be admitted without the testimоny of a DMV employee.” D.C. Council, Report on Bill 16-821 at 8 (Nov. 8, 2006).
This is an official document of the District of Columbia Department of Motor Vehicles, maintained under a duty imposed by law. I certify that the information contained herein is а true and accurate record. I further certify that the information contained herein is within my custody and control and that I have personal knowledge of the information contained within this document.
“This court, along with other courts, has not treated data created and stored electronically any differently from other data” when applying evidentiary rules. Cf. Dutch,
“[T]he Confrontation Clause of the Sixth Amendment bars the admission of testimonial hearsay against a criminal defendant at trial, unless the witness is unavailable and the defendant has had a pri- or opportunity to cross-examine him.” Jenkins v. United States,
In this case, DMV registration and title records are the product of “routine, objective[ ] cataloging” of “unambiguous factual matter.” United States v. Bahe-nar-Cardenas,
Thus, the DMV records were admissible in this case to prove that Mr. Singletary owned the Concorde, not аppellant Bynum or appellant Womack. “Because the primary purpose of [title and registration records] is to meet administrative needs rather than to document facts for future prosecution, the documents are not ‘testimonial’ and their admission under the circumstances does not implicate the Confrontation Clause.” Jackson v. United States,
III. Appellant Bynum’s Sufficiency Challenges
In reviewing a sufficiency challenge to a jury verdict, this court views “the evidence
To establish UUV, the government must prove that: (1) appellant toоk a motor vehicle, or used, operated, or removed a motor vehicle from any place; (2) operated it, drove it, or caused it to be operated or driven for his own profit, use or purpose; (3) without thе consent of the owner; and (4) at the time appellant took, used, operated, or removed the vehicle, he knéw that he did so without the consent of the owner. See Mitchell v. United States,
To establish misdemeanor RSP, the government must prove that appеllant: bought, received, possessed, or obtained control of stolen property; knew or had reason to believe that the property was stolen; with the- intent to deprive another of the right to the property оr benefit of the property; and the property had some value. See Lihlahka v. United States,
On appeal, appellant Bynum challenges only the sufficiency’ of the evidence to prove he knew that the Concorde was stolen and bеing operated without its owner’s consent. The government’s evidence showed that the driver of the car in which appellant Bynum was a passenger engaged in two dangerous, high-speed flights from police officers; the' “punched” ignition was visible from the front passenger seat and not obstructed by the áir fresheners hanging in the vicinity; and appellant Bynum immediately fled from,the scene after the Concorde collided with the Solara.
We have, held-that wherе the ignition of the car has been plainly tampered with so that it may be driven without a key, and that damage is “clearly visible” from the passenger’s -position, the evidence is “sufficient to warrant an inference that appеllant saw” the ignition ‘damage {‘and had actual knowledge that the vehicle was being used without the owner’s consent.” In re D.M.L., 293 A.2d 277, 278 (D.C.1972). Here, the government introduced photographs taken from Bynum’s vantage point in the passenger seat that clearly show the ignition is missing and the area is damaged. Cf. In re D.P.,
In the UUV context, flight from the vehicle and the police after a crash may provide evidence of guilt. See In re R.K.S.,
Although each fact viewed individually may not “point unerringly to the appellant as possessing the requisite guilty knowlеdge,” when “taken as a whole, together with their legitimate inferences, they permit a finding of such guilty knowledge beyond a reasonable doubt.” In re T.T.B.,
IV. Conclusion
For the foregoing reasons, appellants’ convictions are affirmed.
Notes
. D.C.Code § 22-3232(a), (c)(2) (2012.Repl.) (misdemeanor).
. D.C.Code § 22-3215 (2012 Repl.).
. U.S. Const.amend. VI.
. This statutory rule оf evidence permitting admission of DMV records is akin to the hearsay exception for public records:
[Tjhe record first must be authenticated as an official record of the governmental body in question. Next, the party-рroffering the record must prove that the facts stated in the document are within the personal knowledge and observation of the recording official and that the document is prepared pursuant to a duty imposed by law or implied by the nature of the office.
Goldsberry v. United States,
