Cabral v. Commonwealth
Decision Date | 17 July 2018 |
Docket Number | Record No. 1186-17-1 |
Citation | 815 S.E.2d 805,69 Va.App. 67 |
Parties | Christopher Parris CABRAL v. COMMONWEALTH of Virginia |
Court | Virginia Court of Appeals |
Richard G. Collins, Williamsburg (Collins & Hyman, PLC, on brief), for appellant.
Leah A. Darron, Senior Assistant Attorney General (Mark R. Herring, Attorney General, on brief), for appellee.
Present: Judges Russell, AtLee and Malveaux
OPINION BY JUDGE MARY BENNETT MALVEAUX
Christopher Parris Cabral ("appellant") was convicted of aggravated sexual battery, in violation of Code § 18.2-67.3.1 On appeal, appellant argues the evidence was insufficient to support the charge because there was no evidence that he used a deadly weapon. For the reasons that follow, we affirm appellant’s conviction.
On August 31, 2015, the victim, T.V., began her morning run at approximately 5:20 a.m. She ran south on Richmond Road in the City of Williamsburg, stopping about a quarter mile into her run to adjust the arm band holding her phone. While stopped, she observed a man jogging toward her from the north, the direction of a restaurant. T.V. backed off of the sidewalk into the grass to let the man pass. Instead of passing, the man ran towards T.V., grabbed her left arm and shoulder with one hand, and pulled out an object with the other. T.V. knew the object to be a Taser because of the "very loud and audible" sound it made when activated. T.V. felt the man strike her stomach with the Taser. She was not incapacitated because "it was not fully powered." She began to fight, and the man "struck" her with the Taser two more times during the altercation.
The man dragged T.V. across the grass to a nearby parking lot where both fell to the ground. He covered her mouth, placed an arm around her throat, and wrapped his leg around her legs to prevent her from kicking. The man used his right hand to rub T.V.’s vagina "back and forth" over her clothing. He then told her that "he worked security ... nearby" and that she "needed to learn that it wasn't safe for a woman to run on their own in the morning." The man turned T.V. away from him and told her to wait while he fled the scene. T.V. counted to five, turned around to get a look at the man as he ran back north, and then turned and began running south.
When T.V. felt comfortable, she stopped running and called 911. Officer Powell arrived and T.V. gave him a description of her attacker, which Powell provided to other officers. Officers found appellant, who fit the description of the man given by T.V., parked in the nearby restaurant parking lot and detained him. T.V. was able to identify appellant as her attacker by his appearance and voice.
Officers searched appellant’s vehicle and recovered security apparel, including a uniform and badge, as well as a Taser. Officer Powell tested the Taser by pressing a button, and the Taser "admitted a charge," "sparked," and "made noise."
T.V.’s injuries included swelling to her neck, back, shoulders, and abdomen. The trial court found that T.V. had been "tased three times," and her abdominal swelling was "consistent with being tased in the abdomen."
Appellant contends the evidence was insufficient to support the aggravated sexual battery charge because the Commonwealth failed to prove that the Taser he used qualifies as a "deadly" weapon for purposes of Code § 18.2-67.3.2
"To the extent that [an] issue ... involves statutory interpretation, it is a question of law reviewed de novo on appeal." Grimes v. Commonwealth, 288 Va. 314, 318, 764 S.E.2d 262, 264 (2014) (italics added). "When construing a statute, our primary objective is ‘to ascertain and give effect to legislative intent,’ as expressed by the language used in the statute." Cuccinelli v. Rector & Visitors of the Univ. of Va., 283 Va. 420, 425, 722 S.E.2d 626, 629 (2012) (quoting Commonwealth v. Amerson, 281 Va. 414, 418, 706 S.E.2d 879, 882 (2011) ). "To best ascertain that intent, ‘[w]hen the language of a statute is unambiguous, we are bound by the plain meaning of that language.’ " Blake v. Commonwealth, 288 Va. 375, 381, 764 S.E.2d 105, 107 (2014) (alteration in original) (quoting Kozmina v. Commonwealth, 281 Va. 347, 349, 706 S.E.2d 860, 862 (2011) ). "[P]enal statutes must be strictly construed against the Commonwealth and applied only in those cases clearly falling within the language of the statute." Branch v. Commonwealth, 14 Va. App. 836, 839, 419 S.E.2d 422, 424 (1992). However, "[t]he plain, obvious, and rational meaning of a statute is always preferred to any curious, narrow or strained construction; a statute should never be construed so that it leads to absurd results." Id."When analyzing a statute, we must assume that ‘the legislature chose, with care, the words it used when it enacted the relevant statute, and we are bound by those words as we interpret the statute.’ " Toliver v. Commonwealth, 38 Va. App. 27, 32, 561 S.E.2d 743, 746 (2002)(quoting Cousar v. Peoples Drug Store, 26 Va. App. 740, 745, 496 S.E.2d 670, 672 (1998) ).
Code § 18.2-67.3(A)(4)(c) defines aggravated sexual battery, in the context of the instant case, as an act of sexual abuse "accomplished against the will of the complaining witness by force, threat or intimidation, and ... [t]he accused uses or threatens to use a dangerous weapon." Appellant contends that the Taser he used during the assault on T.V. is not a dangerous weapon for purposes of the statute. He argues the trial court should have interpreted "dangerous weapon" to be synonymous with "deadly weapon" because, while the General Assembly does not use the term "deadly weapon" in Code § 18.2-67.3, its use of "dangerous weapon" in other contexts supports analyzing the facts of this case using case law related to deadly weapons. In support of this argument, he notes that loaded firearms are "per se " deadly weapons. See Floyd v. Commonwealth, 191 Va. 674, 683, 62 S.E.2d 6, 10 (1950) . However, appellant notes, the Code also refers to firearms as dangerous weapons in certain places. See, e.g., Code § 18.2-248(C)(4)(b) ( ); Code § 18.2-283 ( ). Thus, appellant contends, the General Assembly’s use of the term "dangerous weapon" in other statutory contexts supports the interpretation that "dangerous weapon" is used in the same manner as "deadly weapon."
Appellant is mistaken in his belief that "dangerous weapon" and "deadly weapon" are to be interpreted synonymously. The legislature has used both "deadly weapon" and "dangerous weapon" in Title 18.2 of the Code. See, e.g., Code § 18.2-58.1(B) ( ); Code § 18.2-287.01 ( ). It follows that the General Assembly could have used the term "deadly weapon" rather than "dangerous weapon" in Code § 18.2-67.3, but it did not. "[W]hen the General Assembly has used specific language in one instance, but omits that language or uses different language when addressing a similar subject elsewhere in the Code, [this Court] must presume that the difference in the choice of language was intentional." Sarafin v. Commonwealth, 288 Va. 320, 328, 764 S.E.2d 71, 76 (2014) (alteration in original) (quoting Zinone v. Lee’s Crossing Homeowners Ass'n, 282 Va. 330, 337, 714 S.E.2d 922, 925 (2011) ). Accordingly, the Commonwealth did not have the burden of proving that the Taser qualified as a "deadly weapon," just that the Taser was a "dangerous weapon" for purposes of Code § 18.2-67.3.
Title 18.2 of the Code does not define "dangerous weapon." Existing case law also does not provide a definition in the context of Code § 18.2-67.3. However, the language of Code § 18.2-67.3 is unambiguous, and thus we are bound by the plain language of the statute. "Dangerous" is defined as something that is "able or likely to inflict injury." Dangerous, Webster’s Third New International Dictionary, Unabridged (2002). Here, the trial court found that T.V. had been "tased three times," and her abdominal injuries
were consistent with having been tased there. Thus, as T.V. was injured by the Taser, the device clearly qualifies as a "dangerous weapon"—something "able or likely to inflict injury"—under Code § 18.2-67.3.
Further, it is well established that " ‘[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed’ or the same underlying conduct is involved."
Chapman v. Commonwealth, 68 Va. App. 131, 144 n.7, 804 S.E.2d 326, 333 n.7 (2017) (quoting King v. Commonwealth, 2 Va. App. 708, 710, 347 S.E.2d 530, 531 (1986) ). The Code defines a "stun weapon"...
To continue reading
Request your trial-
Moore v. Commonwealth
...objective is 'to ascertain and give effect to legislative intent,' as expressed by the language used in the statute." Cabral v. Commonwealth, 69 Va. App. 67, 71 (2018) (quoting Cuccinelli v. Rector & Visitors of the Univ. of Va., 283 Va. 420, 425 (2012)). "To best ascertain that intent, '[w......