Municipality of Anchorage v. Brooks
2017 Alas. App. LEXIS 60
Alaska Ct. App.2017Background
- SLA 2016, ch. 36 (SB 91) revised misdemeanor sentencing: class A misdemeanor maximum reduced to 30 days unless exceptions in AS 12.55.135(a)(1) apply.
- AS 12.55.135(a)(1)(C) preserves a 1-year maximum if the defendant "has past criminal convictions ... similar in nature to the offense for which the defendant is being sentenced."
- Mark Anthony Brooks was charged with operating a motor vehicle under the influence and has one prior conviction for that offense.
- At plea change, the district court held Brooks was not covered by (1)(C) because the statute uses the plural "convictions," which the court read to require more than one prior conviction.
- The Municipality argued the plural term should include a single prior conviction under Alaska's general rule that singular and plural words include one another (AS 01.10.050(b)).
- The Court of Appeals reversed, holding (1)(C) covers one or more prior convictions and Brooks faces a 1-year maximum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "convictions" in AS 12.55.135(a)(1)(C) requires multiple prior convictions | Municipality: statutory construction presumes plural includes singular under AS 01.10.050(b); "convictions" covers one or more prior convictions | Brooks: plain meaning of "convictions" is plural (more than one); absence of legislative history showing singular intent; rule of lenity favors Brooks | Court: "convictions" includes a single prior conviction; reversed district court; 1-year max applies |
| Whether rule of lenity requires narrow construction | Brooks: ambiguous penal statute should be construed against government | Municipality: statute is resolvable by ordinary construction and legislative context | Court: rule of lenity applies only after ordinary construction fails; here statute is resolvable, so lenity not triggered |
Key Cases Cited
- Laase v. 2007 Chevrolet Tahoe, 776 N.W.2d 431 (Minn. 2009) (applies statutory default that plural includes singular unless inconsistent with legislative intent)
- DeNardo v. State, 819 P.2d 903 (Alaska App. 1991) (rule of lenity applies only when statute remains ambiguous after ordinary construction)
- Grant v. State, 379 P.3d 993 (Alaska App. 2016) (criminal statutes need reasonable/common-sense construction aligned with legislative objectives)
- State v. Jones, 750 P.2d 828 (Alaska App. 1988) (criminal statutes not necessarily construed narrowly)
- Belarde v. Anchorage, 634 P.2d 567 (Alaska App. 1981) (principles on statutory interpretation and criminal statutes)