People v. Schmidt, Docket No. 129916
| Decision Date | 21 September 1992 |
| Docket Number | Docket No. 129916 |
| Citation | 492 N.W.2d 509,196 Mich.App. 104 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Paul Oscar SCHMIDT, Defendant-Appellant. |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., Charles D. Sherman, Pros. Atty., and Kevin D. Hayes, Asst. Pros. Atty., for the People.
Richard R. Rashid, Lansing, for defendant-appellant.
Before SULLIVAN, P.J., and WEAVER and JANSEN, JJ.
A district court jury found defendant guilty of failing to report a motor vehicle accident. M.C.L. Sec. 257.622; M.S.A. Sec. 9.2322. 1 The court fined defendant $100 and placed him on probation for one year. As a condition of probation, the court suspended defendant's driving privileges for twenty-one days, reserving fourteen of those days until the end of the probation period, at which time his record on probation would be reviewed and, if found to be satisfactory, the reserved suspension time would be waived. The circuit court denied defendant's motion for reversal without retrial and affirmed the judgment. Defendant appeals to this Court by leave granted, claiming that the evidence was insufficient to show that it was apparent that the damage to the vehicle was in an amount of at least $200. We reverse.
On June 29, 1989, defendant drove his father's 1981 Chevrolet pickup truck off the road, over some small trees, down a riverbank, and partially into the Looking Glass River. The accident happened at 1:30 a.m. in dense fog. Neither defendant nor a friend who returned to the scene with him could see any damage to the truck, other than its partial submersion. Defendant went home and called a towing service, then returned to the scene with his roommate at about 4:00 a.m.; the tow truck had not yet arrived. Neither defendant nor his roommate could see any damage to the truck.
The towing service had informed the sheriff's department of the accident. A deputy arrived at the scene at about 4:30 a.m., but defendant had already left. The responding officer could not see the damage to the truck until after it was removed from the river. The sheriff's department contacted defendant's father, who said that defendant had possession of the vehicle that night. After defendant went to work later that morning, his roommate called the towing service and was informed that the sheriff's office had put a hold on the truck until the driver contacted the sheriff's office. That evening, defendant went to the sheriff's office and answered questions regarding the accident.
The deputy testified that there was "quite a bit" of front-end damage to the truck, but he would not describe it as "severe." Defendant testified that there was also water damage to the engine and that the insurance company considered it a total loss. There was, however, no evidence of either the cost of repair or the value of the truck at the time of the accident.
The trial court sustained defendant's objections to allowing the deputy sheriff to offer an opinion regarding the apparent dollar value of the damage. The court refused to take judicial notice as requested by the prosecutor, but left it to the jurors to determine, on the bases of their common knowledge and general experience, whether the damage appeared to exceed $200.
Defendant moved for a directed verdict on the ground that there was no evidence that the damage was in an amount of at least $200, or that the damage was apparent to defendant. The district court denied the motion.
Defendant was charged under Sec. 622 of the Vehicle Code, M.C.L. Sec. 257.622; M.S.A. Sec. 9.2322, which provides in relevant part:
The driver of every motor vehicle involved in an accident resulting in injury or death of any person or total damage to all property to an apparent extent of $200.00 or more shall forthwith report such accident to the nearest or most convenient police station or police officer.
The purpose of the accident-report statute is to apprise the police that an accident has occurred and provide them with statistical information concerning the number and causes of accidents. People v. Morgan, 24 Mich.App. 604, 606, 180 N.W.2d 508 (1970); M.C.L. Sec. 257.624(1); M.S.A. Sec. 9.2324(1). The question presented by this case is whether, in a prosecution for a violation of this statute with regard to an accident involving property damage only, the prosecutor must prove the dollar value of the property damage.
By the express terms of the statute, damage to property "to an apparent extent of $200 or more" is an essential element of the offense. M.C.L. Sec. 257.622; M.S.A. Sec. 9.2322. The prosecutor had the burden of introducing some evidence of value, either the opinion of a qualified expert or the testimony of a person with knowledge, under the applicable rules of evidence.
Jurors may not use their own private or secret information concerning a matter at issue. They may, however, view the evidence presented in the light of their general knowledge of the field embraced within the...
To continue reading
Request your trial
-
People v. Bailey
...report abuse right away, juries are permitted to view evidence in light of their common knowledge or experience. People v. Schmidt, 196 Mich.App. 104, 108, 492 N.W.2d 509 (1992). And to the extent defendant complains that the prosecutor elicited irrelevant and prejudicial testimony from wit......
-
People v. Hill
...and misdemeanors, and between different levels of felonies on the basis of the value of the property. In People v. Schmidt, 196 Mich.App. 104, 107, 492 N.W.2d 509 (1992), this Court reversed a conviction under M.C.L. § 257.622, the accident-report statute, which at the time required the rep......
-
People v. Neal
...rely on its common knowledge that a person must have been convicted of a crime to attain prison inmate status. 2 People v. Schmidt, 196 Mich.App. 104, 108, 492 N.W.2d 509 (1992); CJI2d 3.5(9). Thus, the jury may reasonably infer that a defendant was lawfully imprisoned from evidence that he......
-
State v. Brooks
...(impossible standard to require jury to be a laboratory, completely sterile and free from any external factors); People v. Schmidt, 196 Mich.App. 104, 492 N.W.2d 509, 511 (1992) ("Jurors must determine the facts in the case from the evidence received at trial; they may not decide matters th......