July 20, 2017

Colorado Court of Appeals: Authentication of Text Messages Requires Testimony Verifying Printouts and Identifying Sender

The Colorado Court of Appeals issued its opinion in People v. Heisler on Thursday, May 4, 2017.

Harassment—Text Messages—Evidence—Domestic Violence—Sentencing—Sixth Amendment.

The victim and Heisler dated for three years. After they broke up, the victim told Heisler that she no longer wished to communicate with him. Heisler ignored the victim’s request and sent her numerous text messages and letters, and eventually traveled from Florida, where he lived, to Colorado to talk to the victim in person—uninvited and unannounced. When the victim saw Heisler outside of her home, she called the police. Heisler was ultimately found guilty of harassment and sentenced to jail time and probation, and because the conduct underlying his conviction included an act of domestic violence, he was ordered to complete domestic violence treatment.

On appeal, Heisler contended that the trial court erred by admitting into evidence the text messages he sent to the victim because they were not properly authenticated under CRE 901(a). Here, the prosecution introduced printouts of the text messages, and the victim testified that they accurately reflected the texts she received, she recognized the number as being Heisler’s and had used that number to communicate with him, and she recognized the content of the text messages as being from Heisler. In addition, the content of the text messages included corroborative evidence that they came from Heisler. Accordingly, the text messages were properly authenticated and it was not error to admit them into evidence.

Heisler also contended that the domestic violence sentencing statute, C.R.S. § 18-6-801(1)(a), is facially violative of his constitutional right to a jury trial under the Sixth Amendment to the U.S. Constitution. He argued that the statute improperly authorizes the trial court to make a factual determination that the underlying crime of conviction included an act of domestic violence and unconstitutionally imposes a mandatory penalty (domestic violence treatment) above the minimum of the presumptive sentencing range (here, a $50 fine). He further contended that the trial court should have instructed the jury to determine whether his offense included an act of domestic violence and erred in denying his request for that instruction. C.R.S. § 18-6-801(1) allows a trial court to make a factual finding that the defendant’s underlying criminal conviction included an act of domestic violence. Court-ordered domestic violence treatment is not a form of punishment, and the statute does not mandate a penalty. The court did not err in denying Heisler’s request for a jury instruction. No Sixth Amendment violation occurred.

The judgment and sentence were affirmed.

Summary provided courtesy of The Colorado Lawyer.