October 1, 2015.
Complaint received and sworn to in the Central Division of
the Boston Municipal Court Department on March 5, 2013.
case was tried before Raymond G. Dougan, Jr., J.
Crane for the defendant.
Sachse, Assistant District Attorney, for the Commonwealth.
Cypher, Milkey, & Hanlon, JJ.
N.E.3d 455] Hanlon, J.
Following a jury trial, the defendant, Luis Bonilla, was
convicted of larceny over $250 by a single scheme (count 1),
and uttering a false instrument (count 2); he was sentenced
to two one-year concurrent sentences to the house of
correction. On appeal, he argues that the evidence was
insufficient to support his convictions. We affirm the
judgment in part and reverse in part.
February 26, 2013, the defendant deposited six $5,000 checks,
one into each of six newly opened bank accounts at Metro
Credit Union, for a total amount of $30,000. The next day,
the defendant returned to Metro Credit Union and withdrew
$600 in cash, $200 from each of three of the new accounts:
$200 was the maximum amount available for each new account
until the original deposit checks cleared. Sometime after the
defendant withdrew the $600, Metro Credit Union was informed
that all six of the initial checks had been dishonored and
were being returned to the bank. Three of the returned checks
were drawn from the defendant's TD Bank account, which
had been opened only one week earlier; the other three
checks, from his East Boston Savings Bank account, were
returned because the account had been closed. Thereafter, the
defendant made no attempt to pay back the money he had
withdrawn. In addition, some of the identification
information that the defendant had provided [47 N.E.3d 456]
to Metro Credit Union when he opened his accounts was
incorrect. Specifically, both the Social Security
number and mother's maiden name were incorrect.
order to sustain a conviction of larceny, the Commonwealth
must prove " that a defendant took the personal property
of another without the right to do so, and 'with the
specific intent to deprive the other of the property
permanently.' Commonwealthv.Murray, 401 Mass. 771, 772, 519 N.E.2d 1293
(1988)." Commonwealthv.Liebenow, 470 Mass. 151, 156, 20 N.E.3d 242 (2014).
Property, as defined by G. L. c. 266, § 30, includes an
" order or certificate." The defendant contends
that the ...