PEOPLE OF MI V ANGELA LYNECE CASSADIME
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
FOR PUBLICATION
September 9, 2003
9:10 a.m.
Plaintiff-Appellant,
v
No. 247967
Washtenaw Circuit Court
LC No. 01-001533-FH
ANGELA LYNECE CASSADIME
Defendant-Appellee,
Updated Copy
November 7, 2003
Before: Meter, P.J., Talbot and Borrello, JJ.
BORRELLO, J.
Defendant was charged with a violation of MCL 333.16294 for holding herself out as a
registered nurse (count I) and a violation of MCL 750.249 for uttering and publishing a nursing
license that was forged, false, or altered (count II). Defendant is alleged to have provided her
employer with a copy of a state-issued nursing certificate, which the state claims is a forged
document. Defendant moved for dismissal of count II on the grounds that MCL 750.249 does
not apply to copies of altered or forged documents. Additionally, defendant argued that
introduction of a copy of the nursing license violated the best evidence rule, MRE 1002. The trial
court granted defendant's motion to quash count II, ruling that the presentation of a copied
document does not violate the provisions of MCL 750.249. The trial court also ruled that the
copied document defendant had submitted to her employer was inadmissible under the best
evidence rule. We hold that MCL 750.249 is applicable to copied documents, and further that
the intent of the Legislature in drafting MCL 750.249 was to impose penalties on individuals
who attempt to defraud with the use of an altered document, irrespective of whether it is an
original or a copy. Additionally, the best evidence rule does not apply to the introduction into
evidence of a copy of an altered document where defendant submitted the copy as evidence of
her status as a nurse. Accordingly, we reverse the trial court and remand this matter for further
proceedings in accordance with this opinion.
Defendant interviewed and was hired to work at Heartland Health Care Center, a nursing
care facility in Ann Arbor, Michigan. In January of 1999, defendant was assigned the duties of
nursing supervisor, a position that required defendant to hold a registered nurse license issued by
the state of Michigan. Defendant told her employer that she sat for the licensing examination
after graduating from the University of Michigan, and that she was awaiting the results of the
examination. After trying to ascertain her status as a licensed R.N., defendant's employer
required her to immediately submit her nursing license. Defendant went to her automobile and
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gave a copy of a license to an employee of Heartland. The employee then made a copy of
defendant's document and returned the document to defendant. On the copy of the document
defendant presented to her employer, the word "VOID" appeared on the sides of the documents.
At defendant's preliminary examination, the state produced evidence that licensure cards have
color-coding so that if they are photocopied, the license will state "VOID." Thereafter, another
employee of Heartland telephoned a state office and discovered that defendant did not hold a
license as a registered nurse. Additional inquiry revealed that defendant had not even graduated
from the University of Michigan.
A circuit court's decision to grant or deny a motion to quash charges is reviewed de novo
to determine if the district court abused its discretion in binding over a defendant for trial. People
v Jenkins, 244 Mich App 1, 14; 624 NW2d 457 (2000). Additionally, whether alleged conduct
falls within the scope of criminal law is a question of law subject to review de novo. Id., citing
People v Thomas, 438 Mich 448, 452; 475 NW2d 288 (1991).
The sole element of uttering and publishing at issue in the instant case is whether a copy
of a forged, counterfeit, or altered license constitutes a forged instrument within the meaning of
the uttering and publishing statute.
MCL 750.249 provides:
Any person who shall utter and publish as true, any false, forged, altered
or counterfeit record, deed, instrument or other writing mentioned in the
preceding section, knowing the same to be false, altered, forged, or counterfeit,
with intent to injure or defraud . . . shall be guilty . . . .
To discern the Legislature's intent, this Court must first look to the specific language of
the statute. People v Borchard-Ruhland, 460 Mich 278, 284; 597 NW2d 1 (1999). Further, "this
Court must presume that every word, phrase, and clause in the statute has meaning and must
avoid any construction that would render any part of the statute surplusage or nugatory." People
v Aguwa, 245 Mich App 1, 3-4; 626 NW2d 176 (2001). Every word or phrase in the statute is
accorded its plain and ordinary meaning. Id. at 4.
The language of MCL 750.249 is clear and unambiguous. As noted by our Supreme
Court in Roberts v Mecosta Co Gen Hosp, 466 Mich 57, 63; 642 NW2d 663 (2002), "a court
may read nothing into an unambiguous statute that is not within the manifest intent of the
Legislature as derived from the words of the statute itself." Therefore, unlike the trial court, we
do not intend to read into the statute that the only means by which one can be guilty of the crime
of uttering and publishing is with the use of an original document. By so holding, the trial court
clearly erred.
The language of MCL 750.249 does not distinguish between a copy of and an original
false, forged, altered, or counterfeit record, deed, or instrument. The clear intent of the statute is
to preclude individuals from using a false, forged, altered, or counterfeit record, deed, or
instrument to injure or defraud. It is therefore immaterial whether the instrument relied on by the
injured party is an original or a copy. One commits the crime by uttering or publishing a false,
forged, altered, or counterfeit record, deed, or instrument, whether it is an original or a copy. See
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People v Kagan, 264 Cal App 2d 648, 652; 70 Cal Rptr 732 (1968); People v Cooper, 83 Cal
App 3d 121, 124; 147 Cal Rptr 705 (1978) (holding that by requiring an original be used as
evidence of uttering and publishing a forger could always insulate themselves from liability by
photocopying their forged instruments).
In People v Carter, 106 Mich App 765, 768; 309 NW2d 33 (1981), this Court determined
that conduct that impairs a legitimate licensing function of the government is sufficient to sustain
an uttering and publishing conviction. In Carter, supra, the defendant presented a forged license
to acquire a pistol. On appeal, the defendant argued that the license was not subject to the
uttering and publishing and forgery statutes since it was not an instrument capable of affecting
the rights of others or creating liability in others. This Court held that that license was a forged
public record and that defendant's conduct was of the type that the uttering and publishing statute
was written to prevent. This Court held:
We agree that defendant's use of the forged license did not affect the rights
and liabilities of others. However, his action was such to defraud the state itself.
The state controls the sale of pistols by subjecting purchasers and sellers to the
licensing requirement. The use of a forged license impairs this legitimate
governmental function, even though the state suffers no pecuniary loss. [Id. at
768.]
MCL 333.17211 provides that "[a] person shall not engage in the practice of nursing or
the practice of nursing as a licensed practical nurse unless licensed or otherwise authorized by
this article." Consistent with the holding in Carter, supra, we hold that the actions of the
defendant operated as an impairment of a legitimate governmental function. Presentation of a
falsified license directly impairs the state's function of controlling the licensing of nurses.
Defendant also contends that the copy of the license produced by the employer states on
its face "VOID," and thus defendant has not been shown to have intentionally deceived a person.
However, testimony elicited at the preliminary examination clearly indicated that on the back of
the license there is a statement that in the event the license is copied, it will state "VOID."
In People v Fudge, 66 Mich App 625, 632; 239 NW2d 686 (1976), this Court stated:
It has long been the law in this jurisdiction that the forged instrument need
not be accepted as good, but merely that it is offered as valid . . . . Once the offer
is made, the crime is complete. [Id. at 632 (citations omitted).]
Even though the copy of defendant's alleged license was marked "VOID," it appears from
the record before us that defendant offered it as proof that she possessed a valid nursing license.
Once defendant offered the copy as evidence of a nursing license, the crime was complete.
Fudge, supra.
Defendant also argues, and the trial court agreed, that the alleged copy of the nursing
license is contrary to and does not conform to the best evidence rule, MRE 1002. We disagree.
First, MRE 1004(2) allows the admission of a photocopy. Second, the copy produced at the
preliminary examination was the best evidence available. Testimony from Heartland's employee
indicated that the employee followed defendant to her automobile, took the alleged nursing
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license from her, made a photocopy and handed the alleged license back to defendant. This
photocopy therefore became the best evidence of the crime. We find that the best evidence rule
is wholly inapplicable to the introduction of the copy made by Heartland's employee.
For the reasons set forth herein, we reverse the trial court and remand this matter for trial
in conformity with this opinion. We do not retain jurisdiction.
/s/ Stephen L. Borrello
/s/ Patrick M. Meter
/s/ Michael J. Talbot
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