*This is an unreported opinion and therefore may not be cited either as precedent or as
persuasive authority in any paper, brief, motion, or other document filed in this Court or any
other Maryland court. Md. Rule 1-104.
Circuit Court for Prince George’s County
Case No. CT 17-1124A
UNREPORTED
IN THE COURT OF SPECIAL APPEALS
OF MARYLAND
No. 412
September Term, 2018
______________________________________
JERMAINE BRIDGES
v.
STATE OF MARYLAND
______________________________________
Wright,
Leahy,
Zarnoch, Robert A.
(Senior Judge, Specially Assigned),
JJ.
______________________________________
Opinion by Zarnoch, J.
______________________________________
Filed: December 2, 2019
* Wright, J., now retired, participated in the
hearing and conference of this case while an
active member of the Court; after being recalled
pursuant to Maryland Constitution, Article IV,
Section 3A, he also participated in the decision
and adoption of this Opinion.
Unreported Opinion
In 2018, a jury convicted appellant Jermaine Bridges of robbery, conspiracy to
commit robbery, and theft after he and a co-conspirator
1
forcibly transferred $11 from a
victim using a payment app on the victim’s own phone. On appeal, Bridges challenges
certain testimony and evidence related to the payment app in question.
2
Finding no error,
we affirm the Circuit Court for Prince George’s County.
BACKGROUND & PROCEDURAL HISTORY
Around 6 p.m. on June 29, 2017, Brandon Bradley was playing basketball with
friends in Upper Marlboro, having finished work for the day.
3
After the game, Bradley
and his friends were sitting in a car near the public court when they were approached by
Bridges and Elijah Martell. According to Bradley’s testimony, Bridges pointed a gun at
Bradley’s forehead while demanding $10 that Bradley had owed him since December.
Martell then took Bradley’s phone and transferred $11
4
to himself via Cash App, a
payment app that he and Bradley both used and which Bradley had on his phone. (As we
shall discuss later in this opinion, Bridges’s appeal is based upon certain testimony and
1
Bridges and Elijah Martell were tried separately; Martell’s defense counsel
received a legislative continuance, and Bridges did not waive his right to a speedy trial.
2
Bridges also raised a sentencing issue in his brief and at oral argument. However,
Bridges’s counsel has since notified this Court that the sentencing issue is now moot,
given that the Circuit Court for Prince George’s County has already provided the
resentencing relief sought. Accordingly, Bridges (with the State’s agreement) asks this
Court to only consider the evidentiary issue.
3
Then 22, Bradley had recently graduated from Hampton University with a degree
in criminal justice.
4
Eleven dollars were transferred because the $10 transfer included a $1 transaction
fee.
Unreported Opinion
-2-
evidence relating to the Cash App payment app.). After Bridges and Martell left the
scene, Bradley called 911 to report the robbery.
Following a two-day trial, a jury convicted Bridges of robbery, conspiracy to
commit robbery, and theft of less than $1,000. The jury acquitted Bridges of first and
second-degree assault, armed robbery, and various firearm charges.
5
Bridges was
subsequently sentenced to fifteen years, all but four suspended, for the robbery, and a
consecutive fifteen years, all but four suspended, for conspiracy; the theft count merged
into the robbery conviction.
6
Bridges’s appeal followed.
DISCUSSION
Bridges’s appeal stems from the fact that although the State subpoenaed records
from Cash App verifying that the $11 was transferred to an account synced to Martell’s
5
Given that the thrust of Bradley’s testimony concerning Bridges and Martell’s
threatening behavior almost entirely focused on Bridges’s purported use of a handgun, it
is surprising that the jury convicted Bridges of robbery, but acquitted him of assault and
all the handgun charges. Nonetheless, Bridges has not argued on appeal that the verdicts
were legally impossible.
6
As mentioned above, in January 2019 a three-judge panel of the Circuit Court for
Prince George’s County struck this sentence and resentenced Bridges to 15 years with all
but two years suspended for the robbery conviction, and a consecutive 15 years with all
but two years suspended for conspiracy. Given that this new sentence provided the
resentencing relief sought, Bridges asks us to only consider his evidentiary issue.
Unreported Opinion
-3-
email address, those records from Cash App were ultimately not entered into evidence
because they were not properly authenticated pursuant to Rule 5-902.
7
Specifically, Bridges argues that because those records were not admitted into
evidence, it was improper at trial for Detective Hannon
8
to identify (based off those
records) Martell’s exact email address as the address linked to the recipient Cash App
account. In response, the State argues that Detective Hannon’s testimony was
appropriate, as he merely used the unadmitted records to refresh his memory of Martell’s
precise email address.
Regardless of whether Detective Hannon’s testimony was proper as a refreshed
recollection, see Baker v. State, 35 Md. App. 593, 601-02 (1977), or an improper effort to
bootstrap the records into evidence, any error was harmless, as it was cumulative of
properly admitted evidence. See, e.g., Yates v. State, 429 Md. 112, 120 (2012) (“[W]e
will not find reversible error on appeal when objectionable testimony is admitted if the
essential contents of that objectionable testimony have already been established and
presented to the jury without objection through the prior testimony of other witnesses.”)
(Emphasis in original); Dove v. State, 415 Md. 727, 744 (2010) (“[W]itness testimony is
cumulative when it repeats the testimony of other witnesses introduced during the State’s
case-in-chief.”); Webster v. State, 221 Md. App. 100, 119 (2015) (When the State offered
7
Although Cash App emailed the requested records to the State, Cash App provided
no signed certification.
8
The trial transcript does not reveal Detective Hannon’s first name.
Unreported Opinion
-4-
appellant’s nickname “as circumstantial evidence connecting appellant to other evidence
recovered in [an] apartment . . . that evidence . . . was cumulative to other evidence
establishing appellant’s relationship to the apartment and its contents.”). Prior to
Detective Hannon’s testimony, Bradley had testified at length and without objection
about the incident, and Bradley explained that it was Martell’s grabbing the phone that
effectuated the theft. Additionally, the State successfully introduced into evidence
screenshots from Bradley’s phone that were taken by police after Bradley reported the
robbery. The screenshots, which were visible to Bradley on his phone as a regular Cash
App user, showed that money had been transferred to a new and unfamiliar account.
9
In
other words: separate from the official business records from Cash App that were
subpoenaed (but not entered into evidence), the jury heard from Bradley’s testimony that
Martell had transferred money using Cash App, and saw screenshots from Bradley’s
phone indicating that the transfer occurred.
10
9
As it happens, that account belonged to Martell. However, as the State points out,
it does not matter for the purposes of a robbery or theft conviction that the account
specifically belonged to Martell, as opposed to anyone else that Bradley would not have
wanted to transfer money.
10
In his brief, Bridges also argues that because the official business records from
Cash App were not admitted into evidence, there was insufficient evidence to prove that
Bridges and Martell actually deprived Bradley of his property. However, this argument
overlooksas the circuit court recognizedthat Bradley’s eyewitness testimony would
have been sufficient to support a conviction. See Watson v. State, 18 Md. App. 184, 195
(1973) (“[P]roof of any [] fact [] may be by testimonial evidence as well as by real
evidence.”); Braxton v. State, 123 Md. App. 599, 671 (1998) (“Maryland courts have
long recognized that an [i]dentification by the victim is ample evidence to sustain a
conviction.”) (Quotation marks omitted); Banks v. State, 228 Md. 130, 134 (1962) (“It is
(Continued…)
Unreported Opinion
-5-
As such, Bridges’s claim depends upon whether it was permissible to allow
Bradley to testify about his Cash App account, and to introduce the screenshots from
Bradley’s phone into evidence. Bridges makes a brief argument on appeal that Bradley
improperly provided non-expert testimony about how Cash App worked, and that the
screenshots should not have been admitted.
11
We are not persuaded. As the State argued
at trial, and as the circuit court acknowledged, Bradley was not providing expert
testimony about Cash App’s inner workings. Rather, Bradley was merely testifying, as a
Cash App user, about his own account, and the screenshots simply showed what Bradley
saw, as a Cash App user, about the transfer in question. See Johnson v. State, 457 Md.
513, 532 (2018) (“[T]he times and locations reflected in GPS data in a business record do
not necessarily require expert testimony to be admissible.”); Walker v. State, 373 Md.
360, 388 n. 8 (2003) (“[T]he threshold standards for calling any fact witness are merely
that the witness have personal knowledge of the matter attested to and that the matter be
well settled that the corpus deliciti may be proved by circumstantial evidence.”); Stone v.
State, 178 Md. App. 428, 442 (2008), abrogated on other grounds as recognized in Kelly
v. State, 208 Md. App. 218, 248 (2012) (“[T]he owner of personal property is
presumptively qualified to testify about the value of his goods.”).
11
Bridges devoted one paragraph in his brief to this argument, stating: “Furthermore,
Mr. Bradley’s testimony regarding the operation of Cash App and the screen-shot of the
Cash App transactions was also improperly admitted. Mr. Bradley was not qualified to
testify about how Cash App operates or what the transaction log depicts as he had no
special knowledge of the workings of Cash App. He also had no knowledge of the
ownership of the ‘LilEDaRuler’ account. The Circuit Court abused its discretion by
allowing Mr. Bradley to testify on these matters.” (Citations to the trial transcript
omitted).
Unreported Opinion
-6-
relevant to the case at hand.”); Ragland v. State, 385 Md. 706, 723 (2005) (The Maryland
Rules of Evidence “do[] not distinguish between expert and lay witnesses, but rather
between expert and lay testimony.”) (Emphasis in original). Were we to accept Bridges’s
argument (i.e., that this information constituted expert testimony, or required expert
testimony to explain), that would mean that Bradley did not actually understand how to
use (or read) an app that he habitually used to transfer money on his phone.
12
Such a
conclusion would make little sense; indeed, if Cash App’s normal interface was beyond
Bradley’s comprehension, it is not clear to us why he would regularly use the app in the
first place to transfer his money.
Because Bradley had already testified at length that Martell snatched his phone,
and the properly-admitted screenshots showed that a money transfer had taken place, any
error in allowing Detective Hannon to specifically identify Martell’s exact email address
was harmless. Thus, there was no error in convicting Bridges (as an accomplice) of
robbery, theft, and conspiracy to commit robbery.
JUDGMENTS OF THE CIRCUIT COURT
FOR PRINCE GEORGE’S COUNTY
AFFIRMED. COSTS TO BE PAID BY
APPELLANT.
12
There has been no suggestion that Bradley was not adept at using Cash App. See
Johnson, 457 Md. at 533 (“Of course, the party opposing admission is free to cross-
examine the sponsoring witness concerning any defects in the data, as happened in this
case, or to present its own expert to contest the accuracy of a particular device.”). Indeed,
Bradley testified that on the day of the incident, he had made another payment (to another
friend) using the app.