Opinion
10-P-2229
12-19-2011
COMMONWEALTH v. JASON POIRIER.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Following a bench trial, the defendant was convicted of negligent operation of a motor vehicle and leaving the scene of property damage. G. L. c. 90, § 24(2)(a). On appeal, the defendant argues that there was insufficient evidence to prove that the road on which the defendant operated a motor vehicle was a public way. We affirm.
Background facts. On November 25, 2007, the defendant drove his vehicle onto the front lawn of a home situated at the corner of Route 103 and Talawanda Road in Swansea, causing damage to the grass, shrubs, a large rock, and four trees. Officer Valero of the Swansea police responded to the scene where the homeowner reported that the defendant had left, proceeding westbound on Route 103. Officer Valero did the same and approximately one mile down Route 103, Valero came upon the defendant with his vehicle disabled due to heavy front end damage and a flat tire.
The evidence presented in the Commonwealth's case in chief indicated that Talawanda Road is a narrow road that forms a T-intersection with Route 103 and is aligned with multiple homes and at least three street lights. The evidence also showed that Route 103 has curbing, crossroads, numerous streetlights, and runs westbound to Warren, Rhode Island. The defendant testified that at the time of the incident, he was driving to pick up his sister at a friend's house, and was proceeding westbound on Route 103 when he missed the turn onto Talawanda Road, lost traction, and drove off the road. The defendant also testified that he drove on Route 103 three times a week.
Given the foregoing, we conclude, under the familiar standard of Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979), that there was sufficient evidence of a public way. See Commonwealth v. Hart, 26 Mass. App. Ct. 235, 238 (1988). The physical conditions included the presence of street lights, curbing, abutting houses, and crossroads. See Commonwealth v. Kiss, 59 Mass. App. Ct. 247, 250 (2003); Commonwealth v. Belliveau, 76 Mass. App. Ct. 830, 832-833 (2010). In addition, the defendant's own testimony established that both Route 103 and Talawanda Road were open for travel to invitees or licensees. See Hart, 26 Mass. App. Ct. at 237-238.
Judgments affirmed.
By the Court (Berry, Cohen & Sikora, JJ.),