Commonwealth v. Parzyck

693 N.E.2d 187, 44 Mass. App. Ct. 655, 1998 Mass. App. LEXIS 391
CourtMassachusetts Appeals Court
DecidedApril 30, 1998
DocketNo. 96-P-1491
StatusPublished
Cited by1 cases

This text of 693 N.E.2d 187 (Commonwealth v. Parzyck) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Parzyck, 693 N.E.2d 187, 44 Mass. App. Ct. 655, 1998 Mass. App. LEXIS 391 (Mass. Ct. App. 1998).

Opinion

Warner, CJ.

While serving a sentence in the Hampshire County house of correction, the defendant was granted a special tenrhour furlough for Thanksgiving Day, 1993, under the provi[656]*656sions of G. L. c. 127, § 90A.1 He began drinking at some point during the day, failed to return from the furlough, and remained at large until December 28, 1993, at which time he was recaptured and indicted for the crime of escape, and for being a habitual criminal under G. L. c. 279, § 25.2 A Superior Court jury convicted .the defendant of escape, and, at a subsequent proceeding, of being a habitual criminal.3 Pursuant to the terms of G. L. c. 279, § 25, he was sentenced to ten years at the Massachusetts Correctional Institution at Cedar Junction (MCI, Cedar Junction), the maximum term provided by law. We affirm.

1. Introduction of unsanitized records of incarceration. After being found guilty of escape for failure to return from furlough, the defendant elected a jury trial with respect to the habitual criminal count. During the second phase of the bifurcated trial, the judge allowed the Commonwealth to introduce documents, over the defendant’s objection, showing that he had been committed to MCI, Cedar Junction, on two previous occasions, for terms of from three to five years and from five to seven years respectively.4 The defendant concedes that the documents were relevant and, therefore, admissible to prove an essential element [657]*657of the offense.5 He maintains, however, that before being admitted, they should have been sanitized of references to (1) a subsequent house of correction sentence; (2) additional, unrelated charges not the basis of the offense for which he was on trial; and (3) his parole status, including past denials of parole and a parole detainer from his arrest.

This case is not like Commonwealth v. Ford, 397 Mass. 298 (1986), the case on which the defendant relies, or Commonwealth v. Clark, 23 Mass. App. Ct. 375 (1987), in which we determined that “the use of certified copies of records of the defendant’s prior convictions containing extraneous matter deprived him of a fair trial.” Clark, supra at 381. In both those cases, the defendant’s credibility was a “decisive issue in th[e] case.” Id. In addition, in both cases, the evidence against the defendant was weak. See Ford, supra at 302; Clarke, supra at 382. Here, the defendant’s credibility was not at issue. His prior convictions were admitted not for impeachment purposes but to prove that he had twice been committed to prison, an essential element of the offense with which he was charged. Indeed, it is undisputed that the defendant had previously been convicted, sentenced, and committed to prison as required under the statute.6 While the better practice would have been to redact any extraneous entries from records of the defendant’s incarceration before admitting them in evidence, in these circumstances, we perceive no risk that the jury impermissibly convicted the defendant of being a habitual criminal on the basis of those entries. Cf. Commonwealth v. White, 27 Mass. App. Ct. 789, 795 (1989) (admission of certified copies of prior convictions containing extraneous matter for impeachment purposes did not create a substantial risk of a miscarriage of justice).

2. Denial of the defendant’s motion to dismiss the escape indictment. The defendant next argues that the judge should have granted his motion to dismiss the escape indictment on the ground that the prison sentence of ten years imposed under G. L. c. 268, § 16, the general escape statute, violated his right [658]*658to equal protection guaranteed by the Federal and State Constitutions. He first argues that under the strict scrutiny standard of review, the classifications created between prisoners who fail to return from work release programs authorized under G. L. c. 127, § 86F, and those who fail to return from furlough, are unconstitutional. In the alternative, he claims that there is no rational distinction between a work release escape, which carries a maximum sentence of one year, and a furlough escape, which carries a maximum sentence of ten years. There was no error.

Although it appears that the defendant had been participating in a work release program prior to Thanksgiving Day, 1993, he was clearly on furlough pursuant to G. L. c. 127, § 90A, at the time of his escape. Such “escapes” fall within the general escape statute, G. L. c. 268, § 16.7 Commonwealth v. Hughes, 364 Mass. 426, 428-430 (1973). We previously applied the rational relationship test to "a defendant’s equal protection claim based on the disparate statutory sentencing provisions of G. L. c. 268, § 16, and G. L. c. 127, § 90A, the statutes being considered here, and determined that the claim was without merit. See Commonwealth v. Clark, 20 Mass. App. Ct. 962, 964 (1985). Contrast Commonwealth v. Arment, 412 Mass. 55, 63 (1992) (applying rational relationship test to strike down statute subjecting different classes of prisoners to different treatment depending on date of their offense for purposes of commitment as sexually dangerous persons). One need only look at the different terms and conditions of the two statutes to determine that inmates released on furlough for as long as seven days at a time in order to visit relatives, “secure a suitable residence for use upon release^ or] for any other reason consistent with . . . reintegration . . . into the community,” G. L. c. 127, § 90A, are differently situated than those permitted to leave the facility for the limited purpose of seeking or engaging in “gainful employment,” or obtaining educational training, G. L. c. 127, [659]*659§ 86F. Because a furlough privilege is more expansive than a work release privilege, the imposition of a greater penalty for violation of the former satisfies the rational relationship test. Indeed, our Supreme Judicial Court has recognized the distinction between an escape while on furlough and an escape while on work release pursuant to G. L. c. 127, § 49, a statutory provision similar to § 90A, which authorizes the “release of committed offenders for participation in certain education, training or employment programs” that have been established by the Commonwealth. See Commonwealth v. Hughes, supra at 430-431.

Further militating against the defendant’s equal protection argument is the fact that, although he, as a furlough escapee, was punished more severely than he would have been if he had failed to return from his work release program, that result “does not necessarily follow and in fact the opposite may be true.” Id. at 431. Under G. L. c. 268, § 16, the general escape statute, failure to return from furlough “is punishable . . . ‘by imprisonment in the state prison for not more than, ten years or by imprisonment in a . . . house of correction for not more than two and one half years.’ ” Id. Failure to return from a work release program authorized under G. L. c.

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Bluebook (online)
693 N.E.2d 187, 44 Mass. App. Ct. 655, 1998 Mass. App. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-parzyck-massappct-1998.