State v. NelsonState v. Nelson
- Reporters:
- ,
- Before:
- Bustamante
OPINION
BUSTAMANTE, Judge.1. The State’s appeal in this case presents a single issue: whether a valid out-of-state conviction for driving under the influence of intoxicating liquor or drugs (DWI) constitutes a prior conviction sufficient to enhance a sentence under the penalty enhancement provisions of the Motor Vehicle Code,
FACTS AND PROCEDURAL BACKGROUND
2. The pertinent facts are not in dispute. On August 8, 1994, Defendant Tommy Nelson (Nelson) was arrested and later charged with DWI under Section 66-8-102. Nelson entered a contingent plea agreement in which he agreed to plead guilty to fourth-degree felony DWI under Section 66-8-102(G) if at sentencing the State was able to prove three or more prior DWI convictions. Alternatively, Nelson agreed to plead guilty to misdemeanor DWI under Section 66-8-102(F) if the State had proof of fewer than three prior DWI convictions. The court accepted Nelson’s plea, conditioning the degree of the offense upon the number of prior DWI convictions the State could prove.
3. At the sentencing hearing the State presented evidence of two valid, prior New Mexico DWI convictions and introduced a certified copy of a judgment evincing a 1987 DWI conviction in the Superior Court of Navajo County, Adzona. In Arizona in 1987, it was unlawful to drive with a blood-alcohol concentration of .10% or greater. See
ARGUMENT
4.The State first asserts that a proper construction of the MVC allows the use of valid out-of-state convictions to enhance subsequent convictions under
Upon a fourth or subsequent conviction under this section, an offender is guilty of a fourth degree felony, as provided inSection 31-18-15 NMSA 1978 , and shall be sentenced to a jail term of not less than six months which shall not be suspended or deferred or taken under advisement. (Emphasis added.)
The State concedes that if
5. Here, the State contends that the phrase “under this section,” necessarily includes the entire MVC. The State then urges us to apply the MVC definition of “subsequent offender” found in Section 66-1-4.16(Q) to the enhancement provisions of
DISCUSSION
6. The fundamental purpose of statutory construction is to ascertain and effectuate legislative intent. State ex rel. Klineline v. Blackhurst, 106 N.M. 732, 735, 749 P.2d 1111, 1114 (1988). Pursuant to familiar canons of statutory construction, we first examine the plain meaning of the language used. See State v. Ogden, 118 N.M. 234, 242, 880 P.2d 845, 853 (1994), (“[W]ords of a statute, including terms not statutorily defined, should be given their ordinary meaning absent clear and express legislative intention to the contrary.”), cert. denied, — U.S. -, 115 S.Ct. 336, 130 L.Ed.2d 294 (1994). “[I]f the meaning of a statute is truly clear — not vague, uncertain, ambiguous, or otherwise doubtful — it is ... [our] responsibility ... to apply the statute as written and not to second-guess the legislature’s selection from among competing policies or ... legislative objective[s].” State ex rel. Helman v. Gallegos, 117 N.M. 346, 352, 871 P.2d 1352, 1358 (1994).
7. New Mexico courts have long adopted and applied a rule of strict interpretation of penal statutes. Statutes defining criminal conduct are strictly construed and any doubts regarding construction of criminal statutes are resolved in favor of lenity. Ogden, 118 N.M. at 242, 880 P.2d at 853. The rule of lenity also applies to criminal statutes providing for additional or enhanced penalties for criminal conduct because they are highly penal. “[I]f it is not clear that the legislature intended an enhanced sentence, no enhancement will be applied.” Id. However, a statute must be read with common sense, even in light of the rule of lenity. State v. Hill, 117 N.M. 807, 808-09, 877 P.2d 1110, 1111-12 (Ct.App.), cert. denied, 118 N.M. 90, 879 P.2d 91 (1994). The language of penal statutes should be given a reasonable construction consonant with legislative objectives and “statutes in pari material [sic] should be read together to ascertain legislative intent.” Ogden, 118 N.M. at 243, 880 P.2d at 854. It is with these principles in mind that we examine
8. The phrase “under this section” — or its functional equivalent “of this section” — has been present in the laws prohibiting driving while under the influence since at least 1953. See, e.g„ 1953 N.M.Laws, ch. 139, § 54 (“of this section”); 1969 N.M.Laws, ch. 210, § 2 (“under this section”). In the most recent amendments, the term “under this section” appears in
9. In Russell, the defendant had three prior DWI municipal court convictions under a municipal ordinance and a fourth conviction in district court under
10. The State concedes that the precise legal issue presented here is different from the legal issue presented in Russell. Indeed, apparently in response to Russell, the subsection at issue in Russell was amended so that a DWI conviction under a municipal or county ordinance is now also deemed a conviction under
11. The MVC defines “subsequent offender” in Section 66-l-4.16(Q) as:
a person who was previously a first offender and who again, under state law, federal law or municipal ordinance, has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or any drug which rendered him incapable of safely driving a motor vehicle, regardless of whether the person’s sentence was suspended or deferred. (Emphasis added.)
The State argues that if the legislature’s definition of “subsequent offender” supports a legislative intent to count municipal convictions as prior convictions, as held in Russell, then it also demonstrates an intent to count out-of-state convictions for the same purpose. We disagree. In Russell we refused to recognize municipal convictions as prior convictions for purposes of enhancement as third or fourth convictions. See Russell, 113 N.M. at 126, 823 P.2d at 926. Applying that distinction, we are not certain the legislature intended that convictions under statutes in other states “be treated as an offense under
12. The State cites Hall as support for legislative intent to apply an expansive interpretation to the phrase “under this section.” Hall rejected a defendant’s argument to limit the enhancement provisions of
[i]f previous convictions under DWI municipal ordinances can be used for enhancement purposes, then it clearly follows that previous convictions under the state DWI statute can be used under the new DWI statute for enhancement purposes. Accordingly, we hold that the term “under this section” means underSection 66-8-102 .
Id. at 709, 895 P.2d at 231 (emphasis added). Holding that convictions for the same offense under the statutory predecessor of
13. Pursuant to the MVC, every New Mexico trial judge is required to prepare and forward to the Motor Vehicle Department (MVD) abstracts of convictions that indicate whether a defendant is a first or subsequent offender. See § 66-8-135(B)(7). The MVD must then file these abstracts of convictions, showing:
either that a driver is a first offender or a subsequent offender ... with attention to Article III of the Driver License Compact ... and in connection therewith maintain convenient records ... in order that the individual record of each licensee showing the convictions of the licensee in which he has been involved shall be readily ascertainable and available for the consideration of the division upon any application for renewal of license and at other suitable times.
Section 66-5-23(B). The MVD is required to “immediately revoke” the license of a driver convicted of certain specified offenses, including “any offense rendering a person a ‘subsequent offender’ as defined in the [MVC].” Section 66 — 5—29(A)(3). These mandatory provisions apply “whether the offense is under any state law or local ordinance.” See § 66-5-29(A). The MVD cannot issue a limited license to a person whose license was revoked due to “an offense for which the person is a subsequent offender as defined in the [MVC].” See § 66-5-35(A)(2).
14.The State argues that these sections provide the backdrop against which the legislature enacted the 1993 amendments to
15. The State next argues that limiting the enhancement provisions of
16. The State’s foreign authority is distinguishable. State v. Peterson, 347 N.W.2d 398 (Iowa 1984), involved a civil, rather than criminal, proceeding in which the penalty for being found a “habitual offender” under the Iowa code was a judgment of the district court revoking driving privileges, not additional jail time. See id. at 400. In such a proceeding, in-state and out-of-state DWI convictions are treated equally under the habitual offender code. Id. at 401.
17. Relying on State v. Regan, 209 N.J.Super. 596, 508 A.2d 1149 (App.Div. 1986), the State argues that the Interstate Driver License Compact, codified in New Mexico at Section 66 — 5—49, controls the resolution of this issue. Regan cited the Compact as the basis for interpreting the words “of this section” to include DWI convictions from other states in criminal enhancement proceedings. See id. 508 A.2d at 1152-53. We disagree with the reasoning of Regan. The Compact provides for reciprocal administrative enforcement of the traffic laws of each party state. Section 66-5^49, art. I, § B. The Compact regulates licensing and revocation but does not address criminal penalties such as jail time and does not regulate state substantive criminal law. Given the difference in New Mexico between administrative and criminal consequences, especially our mandatory sentencing and habitual offender provisions, it is reasonable to limit application of the provisions of the Compact to administrative proceedings. We find the better authority to be State ex rel. Motor Vehicle Division v. Holtz, 674 P.2d 732, 742 (Wyo.1983), which held that the language “under this section” in a similar statute is plain and unambiguous and does not include convictions from other states.
CONCLUSION
18. Applying the plain meaning of the language in light of the rule of lenity, “under this section” does not include within its purview out-of-state convictions. Therefore, only those valid prior DWI convictions obtained in New Mexico courts may be considered for purposes of criminal enhancement penalties. We affirm the district court.
IT IS SO ORDERED.
APODACA, C.J., and BOSSON, J., concur.
Notes
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