Payne v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOSHUA PAYNE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 18, 2019 Court Below: Superior Court of the State of Delaware Cr. ID: N1512010138 Submitted: August 14, 2019 Decided: August 15, 2019 Before VALIHURA, SEITZ, and TRAYNOR, Justices. ORDER This 15th day of August, 2019, after careful consideration of the parties’ briefs and the record on appeal, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons stated in its December 12, 2018 order. The Superior Court correctly concluded that the notaries-public statute found in Chapter 43 of Title 29 of the Delaware Code does not govern the form and content of a certification provided by the Director of the Division of Motor Vehicles under 21 Del. C. § 2736. The appellant’s argument that his driving record was not properly certified by the Director is further undermined by 21 Del. C. § 305(i), which provides that ‘[a]ny . . . certified record supplied by the Department 1 pursuant to [Title 21] shall contain the signature or facsimile signature of the Director or of another official of the Division who is a custodian of such records and is designated by the Director to sign such records or have his or her signature fixed.” It is clear that the driving record admitted at the appellant’s trial complied with this section. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Gary F. Traynor Justice “Department” means the Department of Transportation of this State acting directly through its duly authorized officers and agents. 21 Del. C. § 101(15). The Secretary of the Department of Transportation has the power and duty to appoint the Director of the Division of Motor Vehicles. 29 Del. C. § 8404(2)d. 1 2
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