A Boston Municipal Court judge today determined that FRANK SHEPARD FAIREY, 39, will face felony vandalism complaints when he returns to court for arraignment tomorrow.

Fairey, a Los Angeles resident, was scheduled to be arraigned Monday for a series of complaints obtained by Boston Police. When he appeared in court, 10 of those complaints issued with misdemeanor statute numbers but felony descriptions. Judge Eleanor Coe Sinnott today ruled that the intent of the complaining Boston Police detective was to obtain felony complaints and the intent of the court clerk was to issue felony complaints.

Sinnott today ordered Fairey to return to the BMC at 9:00 tomorrow morning for arraignment on those 10 complaints.

At issue was the distinction between Ch. 266, Sect. 126, and Ch. 266, Sect. 126A, of the Massachusetts General Laws, both of which address the defacement of public or private property. Section 126 provides for a fine of up to $100 and restitution, while Sect. 126A provides for up to three years in state prison. The court today adopted the complaints under Sect. 126A.

Boston Police arrested Fairey on Feb. 6 in connection with a Brighton Municipal Court warrant from 2000 and a fresh complaint out of Roxbury Municipal Court. The former stems from his arrest and subsequent failure to appear for allegedly affixing a poster to a Brighton Avenue electrical box. The latter stems from a series of posters he allegedly placed on a Massachusetts Turnpike Authority building near the intersection of Massachusetts Avenue and Newbury Street.

Boston Police later obtained an additional 12 complaints against Fairey at Roxbury court.

Fairey’s case will be heard tomorrow in the Boston Municipal Court and on May 28 in both Brighton and Roxbury. He is represented by attorney Jeffrey Wiesner.