Bryan Dunnington Cocke v. Commonwealth of Virginia
801 S.E.2d 427
| Va. Ct. App. | 2017Background
- On April 2, 2015, Bryan Dunnington Cocke rear-ended a stopped Prius, briefly spoke to the driver, then left the scene without giving identifying information.
- The Prius owner had the vehicle inspected; an insurance adjuster initially estimated $792 damage (exterior inspection).
- A body-shop appraiser later identified additional damage of $692.15; the final repair bill (parts and labor) totaled $1,484.88, with the owner paying $1,000 out-of-pocket and insurance covering the remainder.
- Cocke was convicted under Va. Code § 46.2-894(i) (leaving the scene) as a felony because the accident allegedly caused more than $1,000 in property damage.
- Cocke argued on appeal that only objective parts costs or the owner’s out-of-pocket expense (insurance deductible) should count toward the statutory $1,000 threshold, excluding labor.
- The trial court and the Court of Appeals rejected Cocke’s arguments and affirmed the felony conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Measure of "damage" under § 46.2-894 | Commonwealth: damage equals reasonable cost to repair (parts + labor) | Cocke: count only objective parts cost or owner’s out-of-pocket expense; exclude labor | Court: when vehicle repairable, the reasonable total cost to restore (parts + labor) is the proper measure; affirmed |
| Sufficiency of evidence that damage > $1,000 | Commonwealth: expert estimates and final bill show repairs > $1,000; receipt shows owner paid $1,000 | Cocke: variation in labor rates and owner’s out-of-pocket payment show immaterial or insufficient proof | Court: expert testimony and written estimate were sufficient for a rational trier of fact to find damages exceeded $1,000 |
Key Cases Cited
- Averett v. Shircliff, 218 Va. 202, 237 S.E.2d 92 (1977) (adopts rule that measure of damages for repairable vehicles is reasonable cost of restoration)
- Crowder v. Commonwealth, 41 Va. App. 658, 588 S.E.2d 384 (2003) (standard for sufficiency review—whether any rational trier of fact could find elements beyond a reasonable doubt)
- Weathers v. Commonwealth, 262 Va. 803, 553 S.E.2d 729 (2001) (legislature presumed aware of appellate precedent when amending statutes)
- Barson v. Commonwealth, 284 Va. 67, 726 S.E.2d 292 (2012) (legislative acquiescence to judicial construction is deemed approval)