Armando Ramirez v. State

2016 WY 128, 386 P.3d 348, 2016 Wyo. LEXIS 142, 2016 WL 7451443
CourtWyoming Supreme Court
DecidedDecember 28, 2016
DocketS-16-0064
StatusPublished
Cited by3 cases

This text of 2016 WY 128 (Armando Ramirez v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armando Ramirez v. State, 2016 WY 128, 386 P.3d 348, 2016 Wyo. LEXIS 142, 2016 WL 7451443 (Wyo. 2016).

Opinion

HILL, Justice.

[¶1] Armando Ramirez entered a conditional guilty plea to a fourth offense felony DWUI charge. Ramirez claims his latest DWUI does not qualify as his fourth offense in the last ten years, because although the offense occurred within ten years of his oldest relevant prior conviction, he did not plead guilty until after ten years had passed. We will affirm.

ISSUE

[¶2] We rephrase the issue as follows:

Whether the felony penalty under Wyo. Stat. Ann. § 31-5-233 requires three or more prior convictions within ten years of the conviction on the current charge?

FACTS

[¶3] On July 11, 2013, Armando Ramirez drove a vehicle involved in an accident in Cheyenne. Five days later, he was charged with a felony DWUI, his fourth within 10 years according to the charging documents. Three prior convictions were listed in the criminal information: (1) A DWUI conviction dated April 6, 2006, for an offense occurring March 9, 2005; (2) a DWUI conviction dated October 24, 2005, for an offense occurring August 10, 2005; and (3) a DWUI conviction dated December 15, 2008, for an offense occurring August 30, 2008.

[¶4] After several continuances, Ramirez filed a motion to dismiss in May of 2015. He argued that a felony prosecution was improper because 10 years had passed since his *349 conviction from April of 2005. Therefore, he could not be prosecuted for having four DUI convictions in the last ten years. Ramirez’s motion was denied.

[¶5] Ramirez entered a conditional guflty plea to felony DUI, and reserved the right to challenge the denial of his motions. At sentencing on November 5, 2015, the court found Ramirez guilty of his fourth DWUI offense in a ten-year period and sentenced Ramirez to 2-4 years, suspended in favor of supervised probation. This appeal followed.

DISCUSSION

[¶6] Ramirez argues on appeal that the district court erred in denying his motion to dismiss, and submits that his April 2005 conviction cannot be used as a prior offense because his present conditional guilty plea in July of 2015 did not occur within 10 years. He specifically contends that the statutory language at issue is unambiguous and that the ten-year look-back period applies from his fourth conviction date.

[¶7] We apply a de novo standard of review to issues of statutory interpretation. DRW v. DLP (In re ARW), 2015 WY 25, ¶ 11, 343 P.3d 407, 410 (Wyo. 2015). Also regarding statutory interpretation, we have said the following:

The plain, ordinary, and usual meaning of words used in a statute controls in the absence of clear statutory provisions to the contrary. Id. Where there is plain, unambiguous language used in a statute there is no room for construction, and a court may not look for and impose another meaning. [Crain v. State, 2009 WY 128, ¶ 8, 218 P.3d 934, 938 (Wyo. 2009).] Where legislative intent is discernible a court should give effect to the “most likely, most reasonable, interpretation of the statute, given its design and purpose.” Rodriguez v. Casey, 2002 WY 111, ¶ 20, 50 P.3d 323, 329 (Wyo. 2002).
We have said that we will not add language or choose other words to change the meaning of a statute. Stutzman v. Office of Wyoming State Eng’r, 2006 WY 30, ¶¶ 14-16, 130 P.3d 470, 475 (Wyo. 2006). On the other hand, “it is one of the surest indexes of a mature and developed jurisprudence ... to remember- that the statutes always have some purpose or object to accomplish, whose sympathetic and imaginative discovery is the surest guide to their meaning.” Cabell v. Markham, 148 F.2d 737, 739 (2d Cir. 1945), judgment aff'd, 326 U.S. 404, 66 S.Ct. 193, 90 L.Ed. 165 (1945); 2A Norman J. Singer and J.D, Shambie Singer, Sutherland on Statutory Construction § 45:9 (7th ed. 2014). This Court will not interpret a statute in a way which renders any portion of it meaningless or in a manner producing absurd results. Stutzman, ¶ 16, 130 P.3d at 475.

Adekale v. State, 2015 WY 30, ¶¶ 12-13, 344 P.3d 761, 765-766 (Wyo. 2015).

[¶8] The statute at issue here is Wyo. Stat. Ann. § 31-5-233(e), which explains the penalties for driving under the influence. In 2010, the legislature amended the statute to its current state, and it reads- as follows:

On a fourth offense resulting in a conviction or subsequent conviction within ten (10) years for a violation of this section or other law prohibiting driving while under the influence, [the defendant], shall be guilty of a felony and fined not more than ten thousand dollars ($10,000.00), punished by imprisonment for not more than seven (7) years, or both.

Wyo. Stat. Ann. § 31-5-233(e) (LexisNexis 2015).

[¶9] Prior to 2010, § 31-5~233(e) read this way:

On a fourth or subsequent conviction within five (5) years for a violation of this section or other law prohibiting driving while under the influence, [the defendant] shall be guilty of a felony and fined not more than ten thousand dollars ($10,000), punished by imprisonment for not more than two (2) years, or both.

Wyo. Stat. Ann. § 31-5-233(e) (LexisNexis 2009).

[¶10] The amendment made two changes in the statutory language: first, the look-back period was increased from five to ten years; and second, the statute now includes the language “offense resulting in a conviction” to modify the noun “offense.” Ramirez questions whether the ten-year look-back period *350 for a fourth DWUI offense in our statutory scheme looks back from the date of the fourth criminal act or from the fourth DWUI conviction.

[¶11] Seteren v. State, 2007 WY 144, 167 P.3d 20 (Wyo. 2007) predates the 2010 amendment. There, the issue was similar to the issue in this case—‘Whether the district court erred when it Sentenced [Seteren] for a fourth DUI conviction when he was sentenced on June 15, 2006 and one of the convictions used for enhancement occurred on May 24, 2001.” Seteren, ¶ 2, 167 P.3d at 21. In our analysis of the pre-2010 § 31-5-233(e), we deemed the statute unambiguous, and thus did not engage in any statutory construction. Id. at ¶ 8, 167 P.3d at 22. However, we said the following:

The language of the statute is clear and unambiguous, but the Legislature may wish to consider altering the focus of the statute. The purpose of the statute seems plain: Persons who drive under the influence four or more times in a five-year period are guilty of a felony, if each of those episodes results in ’a conviction. As the statute is written, the focus is not so much on the conduct as it is on the conviction for the conduct.

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2016 WY 128, 386 P.3d 348, 2016 Wyo. LEXIS 142, 2016 WL 7451443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armando-ramirez-v-state-wyo-2016.