State of Washington v. Joseph James Goggin ( 2014 )


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  •                                                                                 FILED
    OCT. 28,2014
    In the Office of the Clerk of Court
    WA State Court of Appeals, Division III
    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
    DIVISION THREE
    STATE OF WASHINGTON, 	                         )         No. 31515-1-111
    )
    Respondent, 	             )
    )
    v. 	                             )
    )
    JOSEPH JAMES GOGGIN,                           )         UNPUBLISHED OPINION
    )
    ,                         Appellant.                )
    in1~uence
    I
    BROWN, J. - Joseph Goggin appeals his felony driving under the                    (OUI)
    jury conviction. In addition to his evidence insufficiency challenge, Mr. Goggin contends
    the trial court erred in (1) admitting blood alcohol test results without an additional
    1
    I    independent-testing advisement, and (2) admitting an Idaho OUI judgment and
    sentence in violation of his state confrontation rights. We affirm.
    FACTS
    On December 17,2011, Spokane police officer Barry Marcus responded to a call
    about a person, later identified as Mr. Goggin, possibly driving under the influence of an
    intoxicant. Upon contact with Mr. Goggin, Officer Marcus noticed the odor of intoxicants
    on Mr. Goggin's breath and observed he was stumbling and had slurred speech. Mr.
    I,
    !
    Goggin failed field sobriety tests. Officer Marcus then arrested Mr. Goggin for OUI.
    After taking Mr. Goggin in for a blood alcohol concentration (BAC) test, Officer Marcus
    I
    1
    No. 31515-1-111
    State v. Goggin
    read him the implied consent warnings, including the right to have additional tests
    performed by a person of his own choosing. Mr. Goggin indicated he understood his
    rights and signed the implied consent form. When Mr. Goggin refused the breath test,
    Officer Marcus obtained a search warrant to draw a sample of Mr. Goggin's blood that
    was taken about three hours after his arrest without any further independent-testing
    advisement.
    Alleging Mr. Goggin had four prior DUI convictions, the State partly charged him
    with felony driving under the influence of an intoxicating liquor. He moved to suppress
    the results of the blood test based on the officer's failure to advise him of his right to an
    additional test after obtaining the warrant. The trial court concluded, U[t}his was a blood
    draw authorized by a search warrant. The trooper did not have to advise the defendant
    of the right to additional tests." Clerk's Papers (CP) at 23. The court explained:
    The trooper was not mandated by the statute to get a search
    warrant. It was a decision, a discretion [sic} decision on his part to
    basically seek out further evidence by a neutral and detached magistrate.
    In no way did the Court see that as mandatory, and the trooper
    could have at that time got an implied consent warning, taken a refusal
    and gone with it.
    Report of Proceedings (RP) (April 26, 2012) at 17.
    At trial, brothers Jared and Jordan Berezay testified that on December 17, 2011,
    around 5:00 p.m., they were driving when they were abruptly cut off by a man later
    identified as Mr. Goggin. They saw Mr. Goggin swerving left and right and crossing the
    center line into oncoming traffic, causing other cars to swerve out of the way. The
    2
    No. 31515-1-111
    State v. Goggin
    brothers called 911 and followed Mr. Goggin until he parked. According to Jared
    Berezay, when Mr. Goggin exited his car he was staggering and smelled of alcohol.
    Jordan Berezay noticed Mr. Goggin "had a hard time keeping his balance" and was
    "stumbling" toward Jared. RP at 265.
    Liberty Lake Police Officer Taj Wilkerson responded first. He testified Mr.
    Goggin's speech was "thick tongued and slurred." RP at 291. Mr. Goggin told Officer
    Wilkerson he had had a "few beers" at a bar. RP at 292. Officer Wilkerson observed
    Mr. Goggin was "very slow to respond to my questioning." RP at 293.
    Trooper Barry Marcus testified when he contacted Mr. Goggin, he noticed Mr.
    Goggin struggled to get out of his car, could not maintain his balance, and had "a strong
    odor of intoxicants on his breath." RP at 326. He related Mr. Goggin had difficulty
    focusing and his eyes were watery and bloodshot. Trooper Marcus then administered
    the three standard field sobriety tests. According to the Trooper, Mr. Goggin's ability to
    perform the tests was "impaired pretty well by alcohoL" RP at 342. He staggered, could
    not maintain his balance or put one foot in front of the other, could not stand on one leg,
    perform the eye tracking test, or recite his ABCs.
    During cross-examination, defense counsel asked Trooper Marcus whether he
    re-read the implied consent warnings to Mr. Goggin after obtaining the search warrant:
    [Defense counsel]: Did you at any time advise him as part of any warnings
    related to the blood test that he could get an additional blood test?
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    No. 31515-1-111
    State v. Goggin
    [Trooper Marcus]: That was in part of the implied consent warnings for breath. It
    states in there that you have the right to additional tests administered by a
    qualified person of your own choosing.
    [Defense counsel]: You have separate warnings for blood; do you not?
    [Trooper Marcus]: We do, but implied consent warnings for blood weren't
    read in this case.
    RP (Feb. 27,2013) at 399.
    Dr. Naziha Nuwayhid, PhD, a forensic toxicologist, testified Mr. Goggin's blood
    sample tested 0.32 gram per 100 milliliters and related a person's ability to drive is
    impaired at 0.08 gram per milliliter. She estimated Mr. Goggin had the equivalent of 16
    standard drinks in his system at the time of his arrest.
    The State moved to admit certified copies of four prior DUI judgment and
    sentences bearing Mr. Goggin's name. Defense counsel objected to their admission,
    arguing the State was required to bring in a witness to verify the documents. He argued
    the admission of the documents without a witness to verify them violated his
    confrontation rights under Crawford. 1 The court rejected Mr. Goggin's argument,
    reasoning certified court records are admissible under RCW 5.44.010 and are not
    testimonial evidence, rendering Crawford inapplicable. Even so, to identify Mr. Goggin
    as the person in the Washington State DUI judgment and sentences, the State
    produced related booking photographs and called the police officers who had arrested
    Mr. Goggin on the 2003, 2004, and 2006 DUI cases.
    1   Crawford v. Washington, 541 U.S. 36,124 S. Ct. 1354, 
    158 L. Ed. 2d 177
    (2004).
    4
    No. 31515-1-111
    State v. Goggin
    After the State initially rested, the trial court allowed the State to reopen to inform
    the jury it had admitted exhibits 5, 7, 9, and 11. Mr. Goggin unsuccessfully argued even
    if the judgment and sentence had been admitted "there's not been any testimony about
    how the arrest occurred if, indeed, it did occur in the state of Idaho." RP at 549. Mr.
    Goggin renewed his motion to dismiss based on the State's failure to produce a witness
    from Idaho who could provide evidence that he had been arrested in Idaho. The court
    denied the motion, finding sufficient circumstantial evidence to go to the jury.
    The jury found Mr. Goggin guilty of felony DUI. He appealed.
    ANALYSIS
    A. Admissibility of Blood Test Results
    The issue is whether the court erred in admitting Mr. Goggin's blood alcohol test
    results. He contends the test should not have been admitted because the State failed
    to re-advise him of his right to additional testing after it administered a blood draw
    pursuant to a search warrant. The State responds it was not statutorily mandated to
    read the implied consent warnings for a blood alcohol test because the arresting officer
    was not investigating a crime that statutorily mandated a blood draw under RCW
    46.20.308(3).
    When reviewing a suppression motion, we determine if substantial evidence
    supports the findings of fact and if the findings support the conclusions of law. State v.
    Dempsey, 
    88 Wash. App. 918
    , 921,947 P.2d 265 (1997). We review solely those findings
    5
    No. 31515-1-111
    State v. Goggin
    of fact to which error has been assigned; we treat unchallenged findings as verities on
    appeal. State v. Hill, 123 Wn.2d 641,647,870 P.2d 313 (1994). We review
    conclusions of law de novo. State v. Eisfeldt, 
    163 Wash. 2d 628
    , 634, 
    185 P.3d 580
    (2008).
    Mr. Goggin does not challenge the court's findings of fact. Thus, our review is
    confined to the trial court's conclusion that the arresting officer was not required to
    advise Mr. Goggin of the right to additional tests because the blood draw was
    authorized by a search warrant, not the implied consent statute.
    RCW 46.20.308(1) partly states:
    Any person who operates a motor vehicle within this state is
    deemed to have given consent, subject to the provisions of RCW
    46.61.506, to a test or tests of his or her breath for the purpose of
    determining the alcohol concentration, ... in his or her breath if arrested
    for any offense where, at the time of the arrest, the arresting officer has
    reasonable grounds to believe the person had been driving or was in
    actual physical control of a motor vehicle while under the influence of
    intoxicating liquor or any drug or was in violation of RCW 46.61.503.
    Neither consent nor this section precludes a police officer from obtaining a
    search warrant for a person's breath or blood.
    (Emphasis added.) RCW 46.20.308{2} partly states "[t]he officer shall inform the person
    of his or her right to refuse the breath test, and of his or her right to have additional tests
    administered by any qualified person of his or her choosing as provided in RCW
    46.61.506." RCW 46.20.308(3} allows either breath or blood testing under
    circumstances generally concerning unconsciousness or arrest for certain crimes not
    6
    No. 31515-1-111
    State v. Goggin
    applicable here. Mr. Goggin was arrested for DUI. Thus, he was not subject to the
    mandatory test provision of RCW 46.20.308(3) for felony DUI.
    Relying primarily on State v. Turpin, 
    94 Wash. 2d 820
    , 
    620 P.2d 990
    (1980), Mr.
    Goggin argues because he was subject to a mandatory blood draw, the officer should
    have advised him of his right to an additional blood test. He reasons the officer's failure
    to advise him of his right to an additional test mandates suppression of the blood test
    and a new trial. But Turpin is factually distinguishable.
    Ms. Turpin was arrested for negligent homicide, a crime subject to the mandatory
    test provisions of RCW 46.20.308(3). 
    Turpin, 94 Wash. 2d at 822
    . After arrest and a blood
    draw to determine the blood alcohol content in her blood, police did not advise Ms.
    Turpin of her right under the implied consent statute to have an independent blood test
    performed. The Turpin court held the State has a statutory duty to notify a person
    accused of vehicular homicide that he or she has a right to an independent blood test
    and suppressed the blood test results because Ms. Turpin had not been able to gather
    potentially exculpatory evidence.
    In contrast to Turpin, the arresting trooper advised Mr. Goggin of his right to
    additional tests, and Mr. Goggin acknowledged he understood this right. Thus, unlike
    the defendant in Turpin, Mr. Goggin was aware of the right to seek alternative testing
    and gather potentially favorable evidence in his defense. Significantly, the blood test
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    No. 31515-1-111
    State v. Goggin
    was taken pursuant to a search warrant supported by probable cause, not under the
    mandatory blood or breath test provision of RCW 46.20.308(3).
    Accordingly, the trial court correctly reasoned Mr. Goggin was no longer subject
    to the requirements of the statute. It follows that once the officer obtained a search
    warrant for a blood alcohol test independent of RCW 46.20.308(3), he was not required
    to re-advise Mr. Goggin of his right to additional tests.
    Our conclusion is supported by City of Seattle v. Robert Sf. John, 166 Wn.2d
    941,946,215 P.3d 194 (2009), in which the Washington Supreme Court held that the
    plain language of RCW 46.20.308(1) allows officers to "obtain a search warrant for
    blood alcohol tests regardless of the implied consent statute." Sf. 
    John, 166 Wash. 2d at 946
    (emphasis added). In St. John, the motorcyclist refused to take the voluntary test;
    but, the evidence that the motorcyclist was driving under the influence constituted
    sufficient probable cause to justify a warrant. 
    Id. at 948.
    Similarly here, the search
    warrant and subsequent blood alcohol test were the result of evidence showing Mr.
    Goggin was driving under the influence. Thus, the State was not required to re-advise
    Mr. Goggin of his right to additional tests after issuance of the search warrant.
    Even if the blood test results were admitted in error, any error was harmless. We
    review potentially erroneous rulings of admissibility under the nonconstitutional
    harmless error standard. State v. Morales, 
    173 Wash. 2d 560
    , 582, 
    269 P.3d 263
    (2012).
    An erroneous ruling of admissibility will not amount to reversible error unless the court
    8
    No. 31515-1-111
    State v. Goggin
    determines that '''within reasonable probabilities, had the error not occurred, the
    outcome of the trial would have been materially affected.'" State v. Calegar, 133 Wn.2d
    718,727,947 P.2d 235 (1997) (quoting State v. Smith, 
    106 Wash. 2d 772
    , 780, 
    725 P.2d 951
    (1986)). The outcome of a trial is materially affected if the jury would have reached
    a different verdict had the error not occurred. State v. Hardy, 133 Wn.2d 701,712,946
    P.2d 1175 (1997).
    Given our facts, it is unlikely the jury would have reached a different verdict had
    the trial court excluded the evidence of Mr. Goggin's blood alcohol test. Mr. Goggin was
    seen swerving into oncoming traffic, his breath smelled of alcohol, his eyes were
    bloodshot and watery, he could not maintain his balance, his speech was slurred, he
    was slow to answer questions, and he failed all of the field sobriety tests. From this
    evidence, a jury could reasonably conclude that Mr. Goggin was under the influence of
    or affected by intoxicating liquor. RCW 46.61.502(1)(b). Any evidentiary error was
    harmless.
    In sum, we conclude the trial court did not err in admitting the blood alcohol test.
    B. Evidence Sufficiency
    The issue before us is whether sufficient evidence supports Mr. Goggin's felony
    DUI conviction. Mr. Goggin contends the certified copy of an Idaho judgment and
    sentence for DUI that bears his name is insufficient proof of a prior conviction because
    the State failed to prove he was the person arrested in Idaho.
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    No. 31515-1-111
    State v. Goggin
    Evidence is sufficient if, when viewed in a light most favorable to the State, it
    permits any rational trier of fact to find the essential elements of the crime beyond a
    reasonable doubt. State v. Salinas, 119 Wn.2d 192,201,829 P.2d 1068 (1992). "A
    claim of insufficiency admits the truth of the State's evidence and all inferences that
    reasonably can be drawn therefrom." 
    Salinas, 119 Wash. 2d at 201
    . We defer to the trier
    of fact on issues of conflicting testimony. credibility of witnesses, and the
    persuasiveness of the evidence. State v. Thomas, 150 Wn.2d"821, 874, 
    83 P.3d 970
    (2004).
    To convict Mr. Goggin of felony DUI, the State had to prove that on December
    17, 2011, Mr. Goggin drove a vehicle under the influence of or affected by intoxicating
    liquor, he had four or more prior DUI convictions within 10 years and the driving
    occurred in the State of Washington. RCW 46.61.502(1)(c), (6)(a). That the defendant
    has four or more prior offenses is an essential element of felony DUI. State v. Santos,
    
    163 Wash. App. 780
    , 783, 
    260 P.3d 982
    (2011). The best evidence of a prior conviction is
    a certified copy of a judgment and sentence. 
    Santos, 163 Wash. App. at 784
    .
    In criminal trials, the State has the burden of establishing, beyond a reasonable
    doubt, the identity of the accused as the person who committed the offense. State v.
    Huber, 
    129 Wash. App. 499
    , 501, 119 P .3d 388 (2005). When, as here, a previous
    conviction is an underlying element of the current charged offense, U[t]he State must do
    more than authenticate and admit the document; it must also show beyond a
    10
    No. 31515-1-111
    State v. Goggin
    reasonable doubt 'that the person named therein is the same person on triaL'" 
    Huber, 129 Wash. App. at 502
    (quoting State v. Kelly, 
    52 Wash. 2d 676
    , 678, 
    328 P.2d 362
    (1958».
    "Identity of names alone" is insufficient to establish that the person named in the
    document is the same person on trial. 
    Huber, 129 Wash. App. at 502
    (quoting United
    States v. Jackson, 
    368 F.3d 59
    , 63-64 (2d Cir. 2004). Because many people share
    identical names, the State must show by independent evidence that the person named
    in the document is the defendant in the present action. 
    Id. This burden
    can be met by
    presenting booking photographs, booking fingerprints, eyewitness identifications, a
    certified copy of a driver's license, or other distinctive personal information. 
    Id. at 503;
    State v. Chandler, 158 Wn. App. 1,7,240 P.3d 159 (2010).
    Here, the State met its burden of proving Mr. Goggin was the same Joseph
    Goggin convicted of the 2009 QUI in Idaho by submitting Mr. Goggin's 2007 to 2011
    Washington State Identification card. This photographic identification card included Mr.
    Goggin's height and weight, hair and eye color, and his address. This information
    matched the identifying information in the 2009 Idaho judgment and sentence. The
    identification card was issued in 2007 and was valid until 2011 ; thus, it corresponded
    with the date of the Idaho conviction. Accordingly, the State provided sufficient
    evidence of this fourth QUI to support the conviction for felony QUI.
    11
    No. 31515-1-111
    State v. Goggin
    C. Confrontation Rights
    The issue is whether Mr. Goggin's confrontation rights under the Washington
    Constitution were violated when the trial court admitted Exhibit 5, the Idaho judgment
    and sentence. Mr. Goggin contends his right to confront the witnesses against him was
    violated by the absence of any testimony that he was the person named in Exhibit 5.
    He argues the right of confrontation under article I, section 22 of the Washington
    Constitution requires more than documentary evidence to support the conviction,
    arguing, "Article I, section 22 mandates and requires a face to face meeting to support
    the identification of the defendant in a criminal prosecution." Br. of Appellant at 20. Mr.
    Goggin asks us to conduct a Gunwal(2 analysis and hold that Washington's
    confrontation clause requires the State to "bring a person to admit the judgment and
    sentences." Br. of Appellant at 17.
    Evidence rulings are reviewed for an abuse of discretion. In re Pers. Restraint of
    Davis, 
    152 Wash. 2d 647
    , 691, 
    101 P.3d 1
    (2004). A trial court abuses discretion when its
    '''decision is manifestly unreasonable, or is exercised on untenable grounds or for
    untenable reasons.'" 
    Id. (quoting State
    v. MichieJli, 
    132 Wash. 2d 229
    , 240, 
    937 P.2d 587
    (1997). In considering whether the confrontation clause was violated, our review is de
    novo. State v. Jasper, 
    174 Wash. 2d 96
    , 108,271 P.3d 876 (2012).
    2   State v. GunwaJl, 
    106 Wash. 2d 54
    , 
    720 P.2d 808
    (1986).
    12
    No. 31515~1-1I1
    State v. Goggin
    Initially, we must decide whether to analyze Mr. Goggin's argument under the
    Sixth Amendment to the United States Constitution or under article I, section 22 of the
    Washington Constitution. Mr. Goggin raises the Gunwall argument for the first time on
    appeal. Under RAP 2.5(a)(3), we are not required to consider the argument because he
    has failed to assert a manifest constitutional error exception. State v. Bertrand, 165 Wn.
    App. 393, 400, 
    267 P.3d 511
    (2011).
    The Washington Supreme Court has concluded article I, section 22 of our State's
    constitution is subject to an independent analysis from the Sixth Amendment for the
    confrontation clause and, therefore, a Gunwall analysis is no longer necessary. State v.
    Pugh, 
    167 Wash. 2d 825
    , 839, 
    225 P.3d 892
    (2009). Instead, we analyze whether the
    unique characteristics of the state provision and its prior interpretations compel a
    particular result. 
    Pugh, 167 Wash. 2d at 835
    . This entails "an examination of the
    constitutional text, the historical treatment of the interest at stake as reflected in relevant
    case law and statutes, and the current implications of recognizing or not recognizing an
    interest." State v. Chenoweth, 
    160 Wash. 2d 454
    , 463, 
    158 P.3d 595
    (2007).
    Article I, section 22 of the Washington Constitution provides that "[i]n criminal
    prosecutions the accused shall have the right ... to meet the witnesses against him
    face to face." The Sixth Amendment provides that "[i]n all criminal prosecutions, the
    accused shall enjoy the right ... to be confronted with the witnesses against him." U.S.
    CONST. amend. VI. Quoting State v. Foster, 
    135 Wash. 2d 441
    , 462-63,957 P.2d 712
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    No. 31515-1-111
    State v. Goggin
    (1998), our Supreme Court recently noted that although article I, section 22 is unique in
    using the language "face to face" '''the meaning of the words used in the parallel
    clauses is substantially the same.'" State v. Lui, 
    179 Wash. 2d 457
    , 468,315 P.3d 493,
    cert. denied, 
    134 S. Ct. 2842
    (2014). Following this precedent, we conclude the text of
    the Washington Constitution does not compel a result different from that under the Sixth
    Amendment.
    In Lui, the court noted it had "consistently rejected arguments that the state
    confrontation clause provides greater protections than the federal confrontation clause."
    
    Lui! 179 Wash. 2d at 469
    . The court then cited numerous cases in support of this
    conclusion, including Pugh, which held that the excited utterance hearsay exception
    does not violate state confrontation rights. 
    Id. at 469.
    Mr. Goggin does not point to any
    treatment of the Washington provision that is more protective of the right to
    confrontation than the federal standard.
    Next, Mr. Goggin urges us to hold article 1, section 22 requires the State to bring
    a person to court to authenticate the judgment in order to have a "face to face" meeting
    with adverse witness. But he fails to explain why a broader reading of the Washington
    confrontation clause is necessary. The constitutional interest at issue here is
    adequately addressed by the Sixth Amendment analysis.
    The Sixth Amendment confrontation clause "applies to 'witnesses' against the
    accused-in other words, those who 'bear testimony.'" Crawford v. Washington, 541
    14
    No. 31515-1-111
    State v. Goggin
    U.S. 36, 51,124 S. Ct. 1354, 
    158 L. Ed. 2d 177
    (2004) (citation omitted). Thus, in a
    criminal trial, the State cannot introduce a testimonial statement 'from a nontestifying
    witness unless the witness is unavailable and the defendant has a cross-examination
    opportunity. 
    Crawford, 541 U.S. at 68
    . A statement is testimonial when its primary
    purpose is to establish facts relevant to a criminal prosecution. Davis v. Washington,
    
    547 U.S. 813
    , 822, 
    126 S. Ct. 2266
    , 
    165 L. Ed. 2d 224
    (2006). Crawford allows non-
    testimonial statements. State v. Benefiel, 131 Wn. App. 651,653-54,128 P.3d 1251
    (2006).
    In Benefiel, this court held a defendant's judgment and sentence is not
    testimonial because "[ilt is not a statement for the purpose of establishing some fact and
    it does not constitute a statement the declarant would reasonably believe would be used
    by the prosecutor in a later trial." Benefiel, 
    131 Wash. App. 656
    . In Benefiel, one of the
    issues before this court was whether admission of the defendant's judgment and
    sentence violated the confrontation clause of the Sixth Amendment. 
    Id. at 655.
    Mr.
    Benefiel argued, as does Mr. Goggin, that the admission of a judgment and sentence
    violates the confrontation clause because he was not allowed to cross-examine the
    clerk who attested to the document. 
    Id. The Benefiel
    court rejected his argument,
    15
    No. 31515-1-111
    State v. Goggin
    noting that under RCW 5.44.010 3 and ER 902(d), certified court records are self-
    authenticating and admissible and that court records are not testimonial. 
    Id. at 655-56.
    Considering Benefiel, the trial court did not err in admitting Mr. Goggin's
    judgment and sentence as a nontestimonial, self-authenticating public record under
    RCW 5.44.010. Our conclusion is in accord with the purpose of article I, section 22,
    which is to prevent the admission of unconfronted statements "[w]here cross
    examination would serve to expose untrustworthiness or inaccuracy." State v. Ryan,
    
    103 Wash. 2d 165
    , 175,691 P.2d 197 (1984). Regarding confrontation clause protections,
    we evaluate whether admission of the hearsay statement constitutes a '" material
    departure from the reason underlying the constitutional mandate guaranteeing to the
    accused the right to confront the witnesses against him.'" 
    Pugh, 167 Wash. 2d at 837
    (quoting State v. Ortego, 
    22 Wash. 2d 552
    , 563, 
    157 P.2d 320
    (1945».
    Mr. Goggin's Idaho judgment and sentence was inherently trustworthy. It was
    not created in anticipation of litigation or to prove a fact at trial; therefore, it was not
    necessary to cross-examine the clerk who certified the document. A certified record not
    prepared for use in a criminal proceeding but created for the administration of an entity's
    affairs is not testimonial. State v. Jasper, 
    174 Wash. 2d 96
    , 112,271 P.3d 876 (2012).
    3 RCW 5.44.010 provides: "The records and proceedings of any court of the
    United States, ... shall be admissible in evidence in all cases in this state when duly
    certified by the attestation of the clerk, ... or other officer having charge of the records
    of such court, with the seal of such court annexed."
    16
    No. 31515-1-111
    State v. Goggin
    Trustworthiness of public records exists because of the declarant's official duty and high
    probability that he or she has performed his public duty to make an accurate record.
    State v. James, 
    104 Wash. App. 25
    , 34,15 P.3d 1041 (2000). Accordingly, the admission
    of the Idaho judgment and sentence did not violate Mr. Goggin's confrontation rights.
    Affirmed.
    A majority of the panel has determined this opinion will not be printed in the
    Washington Appellate Reports, but it will be filed for public record pursuant to RCW
    2.06.040.
    WE CONCUR:
    17