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State v. Knapp9/26/2003
c security or instrument of payment). Twenty-one other States have adopted the Uniform Facsimile Signatures of Public Officials Act. See RSA ch. 93-A.
The defendant also contends that motor vehicle records "are not public documents" in New Hampshire, see RSA 260:14, II (Supp. 2002), and that the State failed to establish that "driving records are public records in New Jersey." While he offers no proposed definition for the term and his argument is largely undeveloped, he appears to assert that unless a record is available for public inspection, it is not a "public record" covered by Rule 902(4). Given the definition contained within the rule, we decline to impose such a limitation. Rule 902(4) is entitled, "Certified copies of public records." By its own terms, it applies to a "copy of an official record or report or entry therein, or of a document recorded or filed in a public office."
While the defendant also asserts that the State failed to establish that the signatory was the custodian of the records, that issue was not raised in his notice of appeal. We therefore decline to address it. See State v. Atkins, 145 N.H. 256, 259 (2000).
In this case, the contested document was entitled, "State of New Jersey Division of Motor Vehicles Abstract of Driver History Record." It contained both the seal of the State of New Jersey and a signature of certification. We therefore find no error in the trial court's ruling that the abstract had been properly authenticated.
Because we conclude that the abstract was properly authenticated under Rule 902, we need not address the defendant's remaining arguments concerning the State's failure to present sufficient extrinsic evidence for authentication under Rule 901. Accordingly, we affirm.
Affirmed.
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