Smith's Criminal Case Compendium
Table of Contents
State v. Mobley, 206 N.C. App. 285 (Aug. 3, 2010)
The trial court did not abuse its discretion by concluding that an audio recording of a booking-area phone call was properly authenticated under Rule 901 as having been made by the defendant. The State’s authentication evidence showed: (1) the call was made to the same phone number as later calls made using the defendant’s jail positive identification number; (2) the voice of the caller was similar to later calls placed from the jail using the defendant’s jail positive identification number; (3) a witness familiar with the defendant’s voice identified the defendant as the caller; (4) the caller identified himself as “Little Renny” and the defendant’s name is Renny Mobley; and (5) the caller discussed circumstances similar to those involved with the defendant’s arrest.