757 S.E.2d 571
Va. Ct. App.2014Background
- Masika leased a Triangle Rental Car vehicle for a single day and failed to return it by the agreed date.
- Triangle attempted to contact Masika; a notice was sent pursuant to §18.2-118(B) but was returned.
- The vehicle was returned about two weeks later.
- The trial court convicted Masika under §18.2-118 and for contempt; on appeal he challenges §18.2-118 as inapplicable to vehicles.
- The court concludes §18.2-118 does not apply to failure to return a leased vehicle and that the conviction was legally impossible under that statute; the case is reversed and the indictment dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §18.2-118 can criminalize failure to return a leased vehicle. | Masika argues §18.2-118 excludes vehicles from its scope. | Commonwealth contends vehicles are within §18.2-118 unless excluded by §18.2-117. | Statute excludes vehicles; cannot convict under §18.2-118. |
| Whether the ends of justice exception justifies review of an unpreserved issue. | Masika invokes Rule 5A:18 ends of justice to address the unpreserved point. | Exception is narrow and not routinely applicable. | Ends of justice exception is to be used sparingly; here the court ultimately reverses and dismisses the indictment based on legal impossibility. |
Key Cases Cited
- Bruhn v. Commonwealth, 264 Va. 597 (2002) (evidence insufficient for grand larceny; helps analyze legal impossibility)
- Ball v. Commonwealth, 221 Va. 754 (1981) (conviction for a crime not supported by the record; legal impossibility addressed)
- Michaels v. Commonwealth, 32 Va. App. 601 (2000) (conviction for contempt where action could not be commanded; legal impossibility)
- Redman v. Commonwealth, 25 Va. App. 215 (1997) (ends of justice exception applied narrowly; miscarriage of justice standard)
- Brittle v. Commonwealth, 54 Va. App. 505 (2009) (two-prong test for ends of justice: trial error plus grave injustice)
- Mounce v. Commonwealth, 4 Va. App. 433 (1987) (limits on ends of justice review; burden on appellant)
- Kozmina v. Commonwealth, 281 Va. 347 (2011) (statutory interpretation: plain language governs unless absurd)