Opinion
No. 12–P–516.
2013-03-18
Terry L. WILLIAMS v. ATTORNEY GENERAL & others.
By the Court (GRASSO, BROWN & GREEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff, Terry L. Williams, appeals from a judgment dismissing his claim against the Attorney General for wrongful conviction under G.L. c. 258D. A judge of the Superior Court dismissed Williams's claim on the pleadings, which establish that the predicate conviction for Williams's claim is assault and battery under G.L. c. 265, § 13A( a ). We affirm for substantially the reasons set forth at pages four through eight of the brief of the Attorney General.
General Laws c. 258D, § 1(A), inserted by St.2004, c. 444, § 1, provides in pertinent part that “[a] claim may be brought against the commonwealth for an erroneous felony conviction resulting in incarceration.” A felony is any “crime punishable by death or imprisonment in the state prison” while “[a]ll other crimes are misdemeanors. See G.L. c. 274, § 1. As noted, the sole conviction forming the basis for Williams's claim is of simple assault and battery, a misdemeanor, carrying a maximum punishment of “imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000.” G.L. c. 265, § 13A( a ), as appearing in St.2002, c. 35, § 1. There is no merit to Williams's contention that he permissibly may file a claim under G.L. c. 258D because, notwithstanding his actual conviction under § 13A( a ), he could have been charged with aggravated assault and battery under the felony enhancements outlined in § 13A( b ). A putative claimant's eligibility under G.L. c. 258D turns on his actual conviction of a felony. See G.L. c. 258D, § 1( C )(ii).
Judgment affirmed.