Commonwealth v. Deberry

Summary

The Massachusetts Supreme Judicial Court held that, when only a repairable portion of property is damaged, the value for purposes of distinguishing felony from misdemeanor malicious destruction under G. L. c. 266, § 127, is measured by the reasonable cost of repair rather than the value of the entire property or an isolated component. Because the Commonwealth presented no evidence of the repair cost for the hole in the wall, the felony conviction was reversed and the lesser-included misdemeanor conviction ordered to enter. The court affirmed the defendant’s two other misdemeanor convictions and upheld the admission of prior convictions for impeachment.

Holdings

1. Where repairable damage is caused to a portion of a larger property, the value of the property destroyed or injured is measured by the reasonable cost of repairs necessitated by the malicious conduct, rather than the value of the entire property or an arbitrarily segmented component.
2. Because the Commonwealth presented no evidence of the reasonable cost to repair the wall, it failed to prove beyond a reasonable doubt the value element necessary for the felony conviction.
3. The trial judge did not abuse her discretion by denying the motion to exclude the defendant's prior convictions for impeachment.
4. A defendant has a right to testify but does not have a right to testify free from the effects of impeachment by prior conviction.

Questions Presented

1. When only a portion of real property is damaged and the damage is repairable, whether the statutory phrase "value of the property so destroyed or injured" under G. L. c. 266, § 127, is measured by the value of the entire property, the value of the damaged portion, or the reasonable cost of repair.
2. Whether the Commonwealth proved beyond a reasonable doubt the value element necessary to sustain the felony conviction.
3. Whether the trial judge abused her discretion by admitting the defendant's prior convictions for impeachment despite their similarity to the charged assault and battery offense.
4. Whether the defendant's right to testify includes a right to testify free from impeachment by prior convictions.

Disposition

reversed_and_remanded