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Melton v. Hodges5/17/1994
. Petitioner contends that Daniels' testimony concerning what Ms. Jewell and Ms. Boeddeker told him was inadmissible hearsay and erroneously admitted; that the court's Finding of Fact No. 3, which is based on the information provided Daniels by these two eyewitnesses, is therefore not based on competent evidence and should be disregarded; and that the remaining findings are insufficient to support the Conclusion that Daniels had reasonable grounds to believe that petitioner had committed an implied consent offense.
Respondent contends that the testimony in question was not hearsay because it was not offered to prove the truth of the matters
asserted by Ms. Jewell and Ms. Boeddeker but instead was offered to show the basis for Daniels' belief that petitioner had been driving while impaired. We agree with respondent.
N.C. Gen. Stat. § 8C-1, Rule 801(c) (1992), defines "hearsay" as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."
When evidence of such statements by one other than the witness testifying is offered for a proper purpose other than to prove the truth of the matter asserted, it is not hearsay and is admissible. Specifically, "statements of one person to another are admissible to explain the subsequent conduct of the person to whom the statement was made." State v. White, 298 N.C. 430, 437, 259 S.E.2d 281, 286 (1979) . . . .
State v. Coffey, 326 N.C. 268, 282, 389 S.E.2d 48, 56 (1990). In determining under N.C. Gen. Stat. § 20-16.2(d)(2) (1993) whether the charging officer had reasonable grounds to believe that the petitioner had committed an implied consent offense, the reasonable grounds for belief may be based upon information given to the officer by another, the source of the information being reasonably reliable, and it is immaterial that the hearsay information itself may not be competent in evidence at the trial of the person arrested. See State v. Roberts, 276 N.C. 98, 171 S.E.2d 440 (1970); In re Gardner, 39 N.C. App. 567, 251 S.E.2d 723 (1979). We conclude that Daniels' testimony regarding the information provided him by Ms. Jewell and Ms. Boeddeker was properly admitted for the purpose of showing the basis for Daniels' belief that petitioner had committed an implied consent offense. We reject defendant's argument that the decision of the superior court is improperly based on hearsay evidence.
Affirmed.
Judges WELLS and McCRODDEN concur.
Disposition
Affirmed.
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