893 N.W.2d 348
Minn.2017Background
- In 1997 Boecker caused an accident causing serious injury and pleaded guilty in 1998 to criminal vehicular operation resulting in substantial bodily harm under Minn. Stat. § 609.21 (1996).
- In 2015 Boecker was arrested for DWI with a 0.14 BAC; the State sought to enhance the charge to first-degree DWI based on the 1998 conviction.
- District court found probable cause to use the 1998 conviction as a predicate felony; Boecker then pleaded guilty to first-degree DWI and received an executed 48-month sentence.
- Boecker appealed, arguing his 1998 conviction is not among the predicate offenses listed in Minn. Stat. § 169A.24, subd. 1(3), so his plea lacked an adequate factual basis.
- The court of appeals affirmed, finding ambiguity in the statute and relying on a 2012 legislative statement of intent that pre- and post-2007 CVO convictions were intended to qualify; the Minnesota Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument (Boecker) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether a 1998 criminal vehicular operation conviction (pre-2006/2007 reorganization) may serve as a predicate felony under Minn. Stat. § 169A.24, subd. 1(3), to enhance a 2015 DWI to first-degree | The statute lists only the 2006 and 2012 versions (and post-2014 sections); because 1998 is not listed, the 1998 conviction cannot be used to enhance and thus Boecker’s plea lacked an adequate factual basis | The listed years/sections are references to versions of the CVO statute (pre-2007, reorganized 2007–13, and post-2014); the 2012 session-law statement of intent confirms the Legislature intended both pre‑2007 and post‑2007 CVO convictions to qualify, so the 1998 conviction is a valid predicate | Affirmed: the court held the 1998 conviction qualifies as a predicate felony; the statute, read with the 2012 session-law intent statement, encompasses pre‑2007 and post‑2007 CVO convictions, so Boecker’s plea had an accurate factual basis |
Key Cases Cited
- State v. Raleigh, 778 N.W.2d 90 (Minn. 2010) (standard for reviewing validity of guilty pleas)
- State v. Trott, 338 N.W.2d 248 (Minn. 1983) (requirement that record support factual basis for plea)
- Granville v. Minneapolis Pub. Sch., 732 N.W.2d 201 (Minn. 2007) (session laws as primary evidence of enacted law)
- Barnhart v. Peabody Coal Co., 537 U.S. 149 (2003) (expressio unius canon and related canons of construction discussed)
- State v. Riggs, 865 N.W.2d 679 (Minn. 2015) (principles about statutory interpretation and canons of construction)