Hall v. Commonwealth4/18/2000
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY William R. Shelton, Judge
On appeal from his conviction of forging a public record, in violation of Code § 18.2-168, Theodore Lee Hall contends that the evidence was insufficient to support his conviction. He argues (1) that the trial court erred in finding that a confirmation of insurance document was a public record under Code § 42.1-77 and (2) that the Commonwealth failed to prove he had the requisite intent to defraud. Finding no error, we affirm the judgment of the trial court.
I. Facts
On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly wrong or without evidence to support it. Martin v. Commonwealth, 4 Va. App. 438, 443, 358 S.E.2d 415, 418 (1987).
On the evening of April 4, 1998, Chesterfield County Police Officer Walter Judkins stopped a vehicle driven by Hall on suspicion that Hall was driving while under the influence of alcohol. Because Hall had no identification, Officer Judkins attempted to ascertain his identity. In response to Officer Judkins' inquiry, Hall stated that his name was "Teddy Leroy Hall, Jr.," that his birth date was July 1, 1942, that he was headed to an apartment complex where his passenger resided, and that he lived on Goolsby Avenue. Teddy Leroy Hall, Jr., whose date of birth is July 1, 1942, and who lives on Goolsby Avenue, is Hall's half-brother. The birth date and address are incorrect for Hall.
With this information, Officer Judkins ascertained that Teddy Leroy Hall, Jr., held a valid driver's license and that the vehicle was registered to Teddy Lane Journeyman. Officer Judkins used this information to complete a DMV confirmation of liability insurance form. He explained to Hall that the form should be completed by his insurance company and mailed to the DMv. Hall signed the document "Teddy Hall," a name that he frequently used. Officer Judkins gave Hall the original of the form to have his insurance company complete and mail to the DMV, to verify that the vehicle was insured. The form provides that failure to complete the form properly and timely would result in a suspension of driver's and vehicle licenses.
Officer Judkins kept a duplicate original of the form signed by Hall. He testified that he did so for his file, so that he could follow up on the form's status, if necessary.
Officer Judkins then arrested Hall for driving while under the influence of alcohol. Subsequently, Teddy Leroy Hall, Jr., contacted Officer Judkins, because he received documentation relating to Hall's DUI offense. Teddy Leroy Hall, Jr., testified that Hall was the driver of the vehicle, that the two men were half-brothers, that the identifying information given by Hall to Officer Judkins was actually Teddy Leroy Hall, Jr.'s, identity, and that he had not given Hall permission to use his identity.
The trial court convicted Hall of forging a public document, in violation of Code § 18.2-168.
II. Public Record
Code § 18.2-168 states that:
If any person forge a public record, or certificate, return, or attestation, of any public officer or public employee, in relation to any matter wherein such certificate, return, or attestation may be received as legal proof, or utter, or attempt to employ as true, such forged record, certificate, return, or attestation, knowing the same to be forged, he shall be guilty of a Class 4 felon
Page 1 2 Virginia DUI Attorneys
DUI Lawyers
|