State v. NelsonState v. Nelson
Did the District Court err by determining that § 46-18-201(1)(b), MCA, barred it from deferring the defendant's sentenсe?
¶2 In May 2017, the State charged Nelson with felony criminal possession of dangerous drugs. Nelson pleaded guilty. The State and Nelson agreed to jointly recommend a two-year deferred sentence if Nelson was eligible and, if nоt, a two-year suspended sentence. It was later revealed that, in 2015, an Arizona state court convicted Nelson of second degree escape, a class five felony in Arizona with a maximum potential sentenсe of two years' imprisonment for a first-time felony offender. See
¶3 Section 46-18-201(1)(b), MCA, provides that a court may not defer an offender's sentence in a felony case if she was previously convicted of a felony. The State and Nelson disagreed as to whethеr Nelson's Arizona conviction was a felony under § 46-18-201(1)(b), MCA. Nelson argued it was not a felony in Montana based on the sentence actually imposed by the Arizona court; the State argued it was a felony as designated by the Arizona court. The District Court ultimately agreed with the State and concluded Nelson's Arizona conviction was a felony that barred her from receiving a deferred sentence. The court accordingly imposed a two-year suspended sentence, as agreed to by the parties in the event Nelson was not eligible for a deferred sentence. Nelson appeals.
STANDARD OF REVIEW
¶4 District courts have broad discretion in determining an appropriate punishmеnt and this Court only reviews a criminal sentence for legality-i.e., whether the sentence is within statutory parameters. State v. Webb ,
DISCUSSION
¶5 Section 46-18-201(1)(b), MCA, providеs that a sentencing judge may not defer an offender's sentence in a felony case if the offender was "convicted of a
¶6 When interpreting a statute to discern legislative intent, "we first look to the statute's plain language. If that language is clear and unambiguous, no further interpretation is required." State v. Hastings ,
¶7 Nelson urges us to use Title 45, MCA's narrow definition of "felony" tо define a prior "felony" conviction under § 46-18-201(1)(b), MCA. Section 45-2-101, MCA, first provides that "the following definitions apply in [Title 45]." The statute then defines "felony" as "an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year." Section 45-2-101(23), MCA. The statutory definition is narrow; it classifies an offense as a felony based on the actual sentence imposed. While the definition of "felony" in Title 45, MCA, may be helpful in ascertaining the term's general meaning, § 45-2-101, MCA, explicitly explains that its definitions only apply in Title 45, MCA, and applying that definition to the term "felony" in § 46-18-201(1)(b), MCA, creates an internal inconsistency in the statute.
¶8 "Whenever the meaning of a wоrd or phrase is defined in any part of this code, such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears." Section 1-2-107, MCA. Section 46-18-201(1)(b), MCA,
¶9 "This Court operates under the presumption that the Legislature does not pass meaningless legislation, and we will harmonize statutes relating to the same subject in order to give effect to each statute." State v. Brendal ,
¶10 The statutes explaining felony sentences, notwithstanding their differences regarding whether the sentence is actually imposed,
¶11 In this case, the prior cоnviction at issue is Nelson's 2015 Arizona conviction for escape, a class five felony in Arizona. In Arizona, a class five felony has a maximum potential sentence of two years' imprisonment for a first-time felony offender.
CONCLUSION
¶12 Whether a prior conviction is classified as a felony under § 46-18-201(1)(b), MCA, depends on the prior conviction's maximum potential sentence, not on the sentence actually imposed. Under
We concur:
MIKE McGRATH, C.J.
INGRID GUSTAFSON, J.
BETH BAKER, J.
DIRK M. SANDEFUR, J.
Notes
See generally § 45-1-201(1), MCA ("For [certain purposes], the offense shall be designated a felony or misdemeanor based upon the maximum potеntial sentence which could be imposed by statute."); § 45-2-101(23), MCA (defining felony as "an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year"); § 46-18-201(1)(b), MCA (providing that thе court may not defer a sentence in a felony case if the offender was "convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of the sentencе was deferred, or execution of the sentence was suspended"); § 46-1-202(18)(a), MCA (noting that, for the purpose of designating a persistent felony offender, a prior felony conviction is any offense that was committed in Montana or any other jurisdiction "for which a sentence of imprisonment in excess of 1 year could have been imposed").