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State v. Smith5/6/2003
PUBLISHED
By this appeal, defendant Jeffery Scott Smith presents several evidentiary questions for our review: Did the trial court erroneously admit (I) hearsay statements; (II) prior driving while impaired convictions too remote in time to have any probative value; (III) an expert opinion outside of the expert's field of expertise and (IV) testimony on defendant's outstanding arrest warrants? We find no error in the admission of this evidence. The evidence at trial tended to show that defendant and his girlfriend, Melanie Issacs, consumed alcohol throughout the day of 16 January 2001. Ultimately, while riding together in defendant's pickup truck, they became engaged in a highspeed pursuit by several Hendersonville police officers that ended in a single-car accident killing Ms. Isaacs and injuring defendant.
As a result of the incident, the State charged defendant with second-degree murder, driving while impaired, felonious speeding to elude arrest, and assault with a firearm on a law enforcement officer. At trial, the State contended defendant drove the vehicle; whereas, defendant contended Ms. Isaacs drove it. The jury acquitted defendant of assault with a firearm on a law enforcement officer and convicted him of the remaining charges. Thereafter the trial court sentenced defendant, consecutively, to terms of 251 to 311 months for second-degree murder; 11 to 14 months for felonious speeding to elude arrest; and 12 months for driving while impaired. Defendant appealed to this Court.
On appeal, defendant first contends the trial court erroneously admitted the following hearsay testimony of Officer Jim Player, who testified he was in the emergency room standing at the head of defendant's hospital bed during treatment:
Q: Was he asked by the treating nurses and doctors if he was the driver or the passenger of the vehicle? Did you hear that question asked?
A: Yes, sir, I did.
Q: What was his response?
MR. GARDO: Objection.
THE COURT: Overruled.
A: He advised he was the driver.
Q: Did they ask him if he had been drinking?
A: Yes, sir, they did.
Q: What did he tell them?
A: He said, yes he had.
MR. GARDO: Objection.
THE COURT: Overruled.
Defendant contends that Officer Player's hearsay testimony did not meet the medical diagnosis exception to the hearsay rule. N.C. Gen. Stat. § 8C-1, Rule 803(4).
However, we need not decide whether this testimony was admissible as an exception under Rule 803(4) because we hold defendant's alleged statement constitutes an admission by party-opponent. Under N.C. Gen. Stat. § 8C-1, Rule 801(d)(A): "A statement is admissible as an exception to the hearsay rule if it is offered against a party and it is (A) his own statement, in either his individual or representative capacity." "An admission is a statement of pertinent facts which, in light of other evidence, is incriminating." State v. Trexler, 316 N.C. 528, 531, 342 S.E.2d 878, 879-80 (1986).
In this case, defendant was aware he had just been involved in a high-speed chase with the police that ended in an accident. Thus, his alleged statement that he was driving is incriminating and constitutes an admission. Accordingly, we hold that under Rule 801(d)(A), no error was committed in admitting Officer Player's statement regarding defendant's admission.
Defendant also contends the trial court erred in admitting his hospital records because the records contain hearsay statements that he was the driver of the vehicle "when there was no objective indication that such statement
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