COURT OF APPEALS OF VIRGINIA UNPUBLISHED
Present: Judges Huff, Malveaux and Chaney Argued at Lexington, Virginia
JULIAN HUFFMAN MEMORANDUM OPINION* BY v. Record No. 1735-22-3 JUDGE MARY BENNETT MALVEAUX FEBRUARY 13, 2024 COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF WISE COUNTY Thomas W. Baker, Judge
(Gary Joe Kincade, on brief), for appellant. Appellant submitting on brief.
Susan Hallie Hovey-Murray, Assistant Attorney General (Jason S. Miyares, Attorney General, on brief), for appellee.
The trial court convicted Julian Huffman (“appellant”) of trespassing, in violation of Code
§ 18.2-119, and felony destruction of property, in violation of Code § 18.2-137. On appeal,
appellant challenges the sufficiency of the evidence to demonstrate that he damaged more than
$1,000 of property. He also argues that the trial court erred by allegedly qualifying one of the
Commonwealth’s witnesses as an expert. Finding no error, we affirm the trial court’s judgment.
I. BACKGROUND
“Because the Commonwealth was the prevailing party below,” the facts are viewed in the
light most favorable to the Commonwealth. Massie v. Commonwealth, 74 Va. App. 309, 315
(2022) (quoting Delp v. Commonwealth, 72 Va. App. 227, 230 (2020)). This standard requires the
court to “discard the evidence of the accused in conflict with that of the Commonwealth, and regard
as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn
* This opinion is not designated for publication. See Code § 17.1-413(A). therefrom.” Commonwealth v. Cady, 300 Va. 325, 329 (2021) (quoting Commonwealth v. Perkins,
295 Va. 323, 324 (2018)).
Cindy Smoot, the Wise County Housing Authority (“Housing Authority”) property manager
for the Inman Village apartment complex, banned appellant from Housing Authority property in
September 2020. On August 6, 2021, surveillance video cameras recorded appellant and three other
individuals repeatedly attempting to break into the laundry room in the office building at Inman
Village with a hammer and screwdriver. Three days later, on August 9, 2021, Smoot noticed that
the laundry room door and two windows were damaged. She also noticed a crowbar on the ground
outside of the laundry room door. Smoot called the police after she realized that the damage to the
laundry room was “over a thousand [dollars].” Smoot then catalogued and photographed the
damage and sent photos of the damage to Myers Fox, the Section 8 housing inspector.
When visiting the complex, Fox realized that the windows were a “total loss.” He created
an estimate regarding their repair cost that included the cost of a replacement door and windows, the
labor rate for contractors, and the parts needed to be ordered. At trial, the Commonwealth
attempted to qualify Fox as an expert in “construction” based on his 40 years of experience in the
Housing Authority’s maintenance department. Fox testified that he usually completed the estimates
for any repairs and contracted out for repairs that exceeded the capability of the maintenance
department. Appellant objected to Fox’s qualification because he was not a licensed contractor.
The trial court did not explicitly rule on the motion to qualify Fox as an expert witness. It only ruled
that Fox could “testify as to what he witnessed.” Fox subsequently testified that the windows and
door were badly damaged and needed to be replaced because they were “just damaged too bad to be
repaired.” He also stated that the door jamb was bent and its lock was broken. Fox instructed
Housing Authority employees to order and pay for replacement windows and a door. Fox did not
opine or otherwise testify to the replacement cost of the door and windows.
-2- Daniel Hollyfield, an employee in the Housing Authority’s accounts payable department,
paid $597.80 to a supply and lumber company for a replacement window. She also paid $350 to
Turner Contracting for the labor to install the replacement window. The Housing Authority
maintenance department charged $111 to “repair damaged door due to break in to office.”
Accordingly, the repairs costs totaled $1,058.80. The Commonwealth introduced and the trial court
admitted work orders and invoices for each of the three repair costs.
At the close of the Commonwealth’s case-in-chief, appellant moved to strike the evidence
for felony destruction of property,1 arguing that the evidence did not prove that the damages he
caused exceeded $1,000. He argued that some of the damage could have been caused by the other
individuals who were present and that the video failed to establish “concerted action.”
Alternatively, he asserted that the damage could have been caused by another individual since the
building was a “high volume public place” or that it may have occurred a long time ago as the
building was built in the 1980s. Appellant also argued that a bear which allegedly appeared in the
video could “have been clawing to get into the laundry room.” The trial court denied the motion.
Appellant, testifying on his own behalf at trial, admitted that he was at the laundromat at
Inman Village on the night of the incident even though he was not supposed to be there. He
explained that he was homeless, was “on drugs,” and was using the laundromat to do laundry. He
admitted that he solicited the help of other people, including some other residents of the apartment
complex, to pry the windows and door open, purportedly because he was in a “hurry” to retrieve his
clothing. Appellant conceded that “some damage may have occurred,” but claimed that it was only
“a little.” He told the court he had no desire to return to the laundromat and would stay with his
parents.
1 Appellant did not challenge the trespassing charge. -3- Following appellant’s testimony, he renewed his motion to strike and asked the court to
“consider what [he] said” in the first motion. The trial court denied the renewed motion. Appellant
submitted the case without presenting closing argument, and the trial court convicted appellant of
felony destruction of property and trespassing. The court found that the Commonwealth’s evidence
demonstrated that the value of the property he destroyed was “slight[ly]” over $1,000.
II. ANALYSIS
A. Sufficiency of the Evidence
Appellant argues that the evidence was insufficient to sustain his conviction for felony
property damage because it failed to demonstrate that the cost of the damages exceeded $1,000.
Specifically, he argues that only Smoot, who was neither a qualified expert nor a contractor, gave
evidence of the cost of the damages. Appellant also argues that the court erred in finding that the
damages exceeded $1,000 because Fox did not state the cost of the damages and Hollyfield failed to
clarify whether the $111 was paid to replace the laundry door or an unrelated office door. Thus, he
argues that the court erred in including $111 in the total damages. Appellant, however, did not
preserve these sufficiency arguments for appeal.
“No ruling of the trial court . . . will be considered as a basis for reversal unless an objection
was stated with reasonable certainty at the time of the ruling, except for good cause shown or to
enable this Court to attain the ends of justice.” Rule 5A:18. “Rule 5A:18 requires a litigant to make
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COURT OF APPEALS OF VIRGINIA UNPUBLISHED
Present: Judges Huff, Malveaux and Chaney Argued at Lexington, Virginia
JULIAN HUFFMAN MEMORANDUM OPINION* BY v. Record No. 1735-22-3 JUDGE MARY BENNETT MALVEAUX FEBRUARY 13, 2024 COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF WISE COUNTY Thomas W. Baker, Judge
(Gary Joe Kincade, on brief), for appellant. Appellant submitting on brief.
Susan Hallie Hovey-Murray, Assistant Attorney General (Jason S. Miyares, Attorney General, on brief), for appellee.
The trial court convicted Julian Huffman (“appellant”) of trespassing, in violation of Code
§ 18.2-119, and felony destruction of property, in violation of Code § 18.2-137. On appeal,
appellant challenges the sufficiency of the evidence to demonstrate that he damaged more than
$1,000 of property. He also argues that the trial court erred by allegedly qualifying one of the
Commonwealth’s witnesses as an expert. Finding no error, we affirm the trial court’s judgment.
I. BACKGROUND
“Because the Commonwealth was the prevailing party below,” the facts are viewed in the
light most favorable to the Commonwealth. Massie v. Commonwealth, 74 Va. App. 309, 315
(2022) (quoting Delp v. Commonwealth, 72 Va. App. 227, 230 (2020)). This standard requires the
court to “discard the evidence of the accused in conflict with that of the Commonwealth, and regard
as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn
* This opinion is not designated for publication. See Code § 17.1-413(A). therefrom.” Commonwealth v. Cady, 300 Va. 325, 329 (2021) (quoting Commonwealth v. Perkins,
295 Va. 323, 324 (2018)).
Cindy Smoot, the Wise County Housing Authority (“Housing Authority”) property manager
for the Inman Village apartment complex, banned appellant from Housing Authority property in
September 2020. On August 6, 2021, surveillance video cameras recorded appellant and three other
individuals repeatedly attempting to break into the laundry room in the office building at Inman
Village with a hammer and screwdriver. Three days later, on August 9, 2021, Smoot noticed that
the laundry room door and two windows were damaged. She also noticed a crowbar on the ground
outside of the laundry room door. Smoot called the police after she realized that the damage to the
laundry room was “over a thousand [dollars].” Smoot then catalogued and photographed the
damage and sent photos of the damage to Myers Fox, the Section 8 housing inspector.
When visiting the complex, Fox realized that the windows were a “total loss.” He created
an estimate regarding their repair cost that included the cost of a replacement door and windows, the
labor rate for contractors, and the parts needed to be ordered. At trial, the Commonwealth
attempted to qualify Fox as an expert in “construction” based on his 40 years of experience in the
Housing Authority’s maintenance department. Fox testified that he usually completed the estimates
for any repairs and contracted out for repairs that exceeded the capability of the maintenance
department. Appellant objected to Fox’s qualification because he was not a licensed contractor.
The trial court did not explicitly rule on the motion to qualify Fox as an expert witness. It only ruled
that Fox could “testify as to what he witnessed.” Fox subsequently testified that the windows and
door were badly damaged and needed to be replaced because they were “just damaged too bad to be
repaired.” He also stated that the door jamb was bent and its lock was broken. Fox instructed
Housing Authority employees to order and pay for replacement windows and a door. Fox did not
opine or otherwise testify to the replacement cost of the door and windows.
-2- Daniel Hollyfield, an employee in the Housing Authority’s accounts payable department,
paid $597.80 to a supply and lumber company for a replacement window. She also paid $350 to
Turner Contracting for the labor to install the replacement window. The Housing Authority
maintenance department charged $111 to “repair damaged door due to break in to office.”
Accordingly, the repairs costs totaled $1,058.80. The Commonwealth introduced and the trial court
admitted work orders and invoices for each of the three repair costs.
At the close of the Commonwealth’s case-in-chief, appellant moved to strike the evidence
for felony destruction of property,1 arguing that the evidence did not prove that the damages he
caused exceeded $1,000. He argued that some of the damage could have been caused by the other
individuals who were present and that the video failed to establish “concerted action.”
Alternatively, he asserted that the damage could have been caused by another individual since the
building was a “high volume public place” or that it may have occurred a long time ago as the
building was built in the 1980s. Appellant also argued that a bear which allegedly appeared in the
video could “have been clawing to get into the laundry room.” The trial court denied the motion.
Appellant, testifying on his own behalf at trial, admitted that he was at the laundromat at
Inman Village on the night of the incident even though he was not supposed to be there. He
explained that he was homeless, was “on drugs,” and was using the laundromat to do laundry. He
admitted that he solicited the help of other people, including some other residents of the apartment
complex, to pry the windows and door open, purportedly because he was in a “hurry” to retrieve his
clothing. Appellant conceded that “some damage may have occurred,” but claimed that it was only
“a little.” He told the court he had no desire to return to the laundromat and would stay with his
parents.
1 Appellant did not challenge the trespassing charge. -3- Following appellant’s testimony, he renewed his motion to strike and asked the court to
“consider what [he] said” in the first motion. The trial court denied the renewed motion. Appellant
submitted the case without presenting closing argument, and the trial court convicted appellant of
felony destruction of property and trespassing. The court found that the Commonwealth’s evidence
demonstrated that the value of the property he destroyed was “slight[ly]” over $1,000.
II. ANALYSIS
A. Sufficiency of the Evidence
Appellant argues that the evidence was insufficient to sustain his conviction for felony
property damage because it failed to demonstrate that the cost of the damages exceeded $1,000.
Specifically, he argues that only Smoot, who was neither a qualified expert nor a contractor, gave
evidence of the cost of the damages. Appellant also argues that the court erred in finding that the
damages exceeded $1,000 because Fox did not state the cost of the damages and Hollyfield failed to
clarify whether the $111 was paid to replace the laundry door or an unrelated office door. Thus, he
argues that the court erred in including $111 in the total damages. Appellant, however, did not
preserve these sufficiency arguments for appeal.
“No ruling of the trial court . . . will be considered as a basis for reversal unless an objection
was stated with reasonable certainty at the time of the ruling, except for good cause shown or to
enable this Court to attain the ends of justice.” Rule 5A:18. “Rule 5A:18 requires a litigant to make
timely and specific objections, so that the trial court has ‘an opportunity to rule intelligently on the
issues presented, thus avoiding unnecessary appeals and reversals.’” Brown v. Commonwealth, 279
Va. 210, 217 (2010) (quoting West v. Commonwealth, 43 Va. App. 327, 337 (2004)). “Specificity
and timeliness undergird the contemporaneous-objection rule [and] animate its highly practical
purpose.” Bethea v. Commonwealth, 297 Va. 730, 743 (2019). “Not just any objection will do. It
must be both specific and timely — so that the trial judge would know the particular point being
-4- made in time to do something about it.” Id. (quoting Dickerson v. Commonwealth, 58 Va. App.
351, 356 (2011)). “To preserve an argument concerning the sufficiency of the evidence in a bench
trial, a defendant ‘must make a motion to strike at the conclusion of all the evidence, present an
appropriate argument in summation, or make a motion to set aside the verdict.’” Taylor v.
Commonwealth, 58 Va. App. 185, 189 (2011) (quoting Howard v. Commonwealth, 21 Va. App.
473, 478 (1995)).
Here, appellant did make and renew a motion to strike the evidence for felony destruction of
property, arguing that the evidence did not prove that the damages exceeded $1,000. His arguments
on his motions to strike were related to the issue of how the damages were caused, not their value.
On appeal, however, appellant argues for the first time that Smoot’s and Hollyfield’s testimony
regarding damages was legally insufficient to prove that damages exceeded $1,000. He also
contends for the first time that the $111 cost to replace the door cannot be counted towards the total
damages because it relates to the “office” door, not the laundromat door. Because appellant did not
present those specific arguments below, the trial court had no opportunity to rule on them, and
therefore they are barred by Rule 5A:18. Appellant does not invoke Rule 5A:18’s exceptions, and
we will not do so sua sponte. Edwards v. Commonwealth, 41 Va. App. 752, 762 (2003) (en banc).
Thus, we do not consider appellant’s new arguments on appeal as a basis for reversal.
B. Qualifying the Housing Inspector as an Expert Witness
Appellant argues that the trial court erred by qualifying Fox as an expert and permitting him
to opine on the amount of damage done to the laundry room door and windows. Contrary to
appellant’s argument, however, the trial court did not explicitly rule on the Commonwealth’s
motion to qualify Fox as an expert witness.
Where an appellant “failed to obtain a ruling from the [trial] court” and “was denied nothing
by the trial court,” then “there is no ruling for us to review.” Fisher v. Commonwealth, 16 Va. App.
-5- 447, 454 (1993); see also Brown v. Commonwealth, 74 Va. App. 721, 738 (2022) (citing Rule
5A:18); Brandon v. Cox, 284 Va. 251, 256 (2012). “Therefore, the [appellant] has waived his claim
because he was required to request a ruling from the [trial] court, and he failed to do so.” Lenz v.
Commonwealth, 261 Va. 451, 463 (2001); see also Juniper v. Commonwealth, 271 Va. 362, 383
(2006).
A lay witness may testify about any matter within his personal knowledge. Va. R. Evid.
2:602; Toraish v. Lee, 293 Va. 262, 272 (2017). Moreover, “[o]pinion testimony by a lay witness is
admissible if it is reasonably based upon the personal experience or observations of the witness and
will aid the trier of fact in understanding the witness’ perceptions.” Murray v. Commonwealth, 71
Va. App. 449, 457 (2020); Va. R. Evid. 2:701. “Lay opinion may relate to any matter, such as—but
not limited to—sanity, capacity, physical condition or disability, speed of a vehicle, the value of
property . . . or the general physical situation at a particular location.” Id. (quoting Va. R. Evid.
2:701) (second emphasis added). “In contrast to lay opinion testimony, ‘[e]xpert testimony is
appropriate to assist triers of fact in those areas where a person of normal intelligence and
experience cannot make a competent decision.’” Id. (alteration in original) (quoting Utz v.
Commonwealth, 28 Va. App. 411, 423 (1998)).
Appellant’s allegation that the trial court erred by qualifying Fox as an expert does not relate
to any ruling that the trial court made, as the trial court never ruled on the Commonwealth’s motion
to qualify Fox as an expert. Rather, the trial court allowed Fox to testify “as to what he witnessed,”
as any lay witness would be permitted to do. Fox proceeded to testify, as a lay witness, that he
observed the damages and created the repair estimate. These are matters within his personal
knowledge and within the allowable scope of lay witness testimony. Fox did not give any opinion
beyond what a lay person of normal intelligence and experience would know. Accordingly,
-6- because appellant failed to obtain any ruling from the trial court on the Commonwealth’s motion,
appellant has waived appellate review of any claim related to that motion.2
III. CONCLUSION
For the foregoing reasons, the trial court’s judgment is affirmed.
Affirmed.
2 Rule 5A:20 also bars our consideration of this assignment of error because it does not relate to any specific ruling of the trial court. An opening brief “must list, clearly and concisely and without extraneous argument, the specific errors in the rulings below.” Rule 5A:20(c) (emphasis added). Appellant’s assignment of error does not list a specific error in the trial court’s rulings, because appellant failed to obtain a ruling on the Commonwealth’s motion to qualify Fox as an expert. -7-