Casaday v. State

828 So. 2d 960, 2002 Ala. Crim. App. LEXIS 65, 2002 WL 321916
CourtCourt of Criminal Appeals of Alabama
DecidedMarch 1, 2002
DocketCR-00-2642
StatusPublished

This text of 828 So. 2d 960 (Casaday v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casaday v. State, 828 So. 2d 960, 2002 Ala. Crim. App. LEXIS 65, 2002 WL 321916 (Ala. Ct. App. 2002).

Opinion

WISE, Judge.

Richard Adam Casaday entered a guilty plea and was convicted of the offense of driving under the influence of alcohol (“DUI”), a violation of § 32-5A-191(a)(2), Ala.Code 1975. Because this was Casa-day’s fourth DUI conviction, he was sentenced in accordance with § 32-5A-191(h), Ala.Code 1975, the recidivist portion of the statute commonly referred to as the “felony DUI” statute, to four years’ imprisonment; that sentence was split so that he would serve one year. He was also ordered to pay all applicable statutory fines, court costs, and a victim’s restitution assessment. At his guilty plea hearing, Ca-saday specifically preserved his right to appeal the single issue that he presents herein: whether the conviction of a person under the age of 21, under § 32-5A-191(b), Ala.Code 1975, constitutes a prior conviction for sentence-enhancement purposes under § 32-5A-191(h), Ala.Code 1975.

The record shows that, including the violation at issue in the instant appeal, Casaday had been convicted of driving under the influence a total of four times within a two-year period. One of those convictions resulted from a violation of § 32-5A-191(b), Ala.Code 1975, which provides as follows: “A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood.” Casaday argues that his prior conviction under this section1 should not have been considered [962]*962by the trial court for purposes of enhancing his sentence to a Class C felony conviction under § 32-5A-191(h), Ala.Code 1975. Thus, he contends, the trial court should have sentenced him as if the present offense was his third DUI conviction, rather than his fourth.

We note that, although Casaday reserved for appellate review his claim that a DUI conviction under § 32-5A-191(b) should not have been regarded for sentencing purposes,2 the record reflects that defense counsel stipulated to the validity of the remaining two prior convictions used by the State to invoke § 32-5A-191(h), Ala.Code 1975. Therefore, he is barred from further challenging the validity of those convictions on appeal.

Section 32-5A-191(h) states, in pertinent part:

“(h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years....
“Any law to the contrary notwithstanding, the Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subsection, and a conviction of a felony pursuant to this subsection shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama’s habitual felony offender law.”

In denying Casaday’s claim, the trial court noted that there was no express language within the statute itself to prohibit the use of a prior conviction under § 32-5A-191(b) from being considered when a trial court reviews the number of prior convictions that may invoke § 32-5A-191(h). The trial court stated:

“THE COURT: To the extent that the legislature has any intent at the time they pass statutes it’s unclear. It would have been easy for them to insert a sentence which stated that this, that a conviction under this part of the statute would not be used for enhancement purposes but they didn’t do so. That being the case, it seems to me it will have to be a matter for the appellate courts to deal with. And in absence of any other language indicating it’s not to be used for enhancement purposes it would be the ruling of this Court that it should be.”

(R. 10-11.)

We agree with the trial court that, had the Legislature intended to prohibit the use of convictions obtained pursuant to § 32-5A-191(b), it could have articulated, in clear and unambiguous terms, its express intent that convictions under subsection (b) of this statute not be included [963]*963in calculating a sentence for felony DUI. Certainly, the Legislature was aware that it could carve out such an exception, given the language contained in § 32-5A-191(h), expressly prohibiting the use of a felony DUI conviction from use as a prior “felony conviction” for purposes of sentencing under § 13A-5-9, Ala.Code 1975, the Habitual Felony Offender Act.

“The primary goal in statutory construction is to ascertain and effectuate the intent of the legislature as expressed in the statute. To accomplish this task, the reviewing court must consider the statute as a whole, the reasons and necessity for the statute, and the public purpose behind the enactment of the statute.”

J.S.H. v. State, 710 So.2d 507, 508 (Ala.Crim.App.1997) (citing Kirkland v. State, 529 So.2d 1036 (Ala.Crim.App.1988)). Penal statutes are to reach no further in meaning than their words. 710 So.2d at 509 (citing Fuller v. State, 257 Ala. 502, 60 So.2d 202 (1952), and Abernethy v. State, 545 So.2d 185 (Ala.Crim.App.1988)).

The plain language of § 32-5A-191(b) supports our conclusion that the fact that a defendant is charged with violating § 32-5A-101(b) does not automatically confer youthful offender status on a defendant who is between the ages of 18 and 21. Indeed, if this were the case, there would be no need to describe a finding of guilt under subsection (b) as a conviction, as well as an adjudication (as in the case of a youthful offender), or a finding of delinquency (as in the case of a juvenile). There is nothing in the express language of § 32-5A-191 or in any precedent that supports Casaday’s contention that convictions under subsection (b) of the statute should be addressed any differently than convictions under subsection (a). We respect the Legislature’s role in crafting § 32-5A-191(b), which attempts to serve a dual purpose. By recognizing that drivers under 21 often lack the experience to safely operate a motor vehicle, the Legislature lowered the prohibited blood-alcohol level for this class of drivers from .08 to .02, in order to protect both the underage driver and the innocent drivers sharing the road with him. However, in recognition of this more stringent provision, the Legislature also created a protection for the underage drinking driver by treating a conviction under this subsection as confidential and by providing a lesser punishment for first offenders under this subsection.3 By using this “carrot and stick” approach, the Legislature no doubt intended subsection (b) to serve the dual purpose of deterring underage drivers from repeating a pattern of conduct dangerous to themselves and to others while, at the same time, protecting those offenders wise enough to learn from their mistakes from having a single youthful indiscretion haunt them forever. Indeed, such a purpose is consistent with the Commentary to § 32-5A-191, which states, in part:

“The purpose of this section is not only to bring the law on driving while intoxicated in line with the most recent advances made in other states to achieve something closer to uniform treatment with our sister states, but also to make DUI statutes more enforceable and to do a better job of helping identify the problem of the drinking driver and to keep him off the highway.”

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Related

Ex Parte Etowah County Bd. of Educ.
584 So. 2d 528 (Supreme Court of Alabama, 1991)
Kirkland v. State
529 So. 2d 1036 (Court of Criminal Appeals of Alabama, 1988)
State v. Thrasher
783 So. 2d 103 (Supreme Court of Alabama, 2000)
Abernethy v. State
545 So. 2d 185 (Court of Criminal Appeals of Alabama, 1988)
Ex Parte State
528 So. 2d 1159 (Supreme Court of Alabama, 1988)
Fuller v. State
60 So. 2d 202 (Supreme Court of Alabama, 1952)
R.T.M. v. State
677 So. 2d 801 (Court of Criminal Appeals of Alabama, 1995)
Bexley v. State
705 So. 2d 549 (Court of Criminal Appeals of Alabama, 1997)
J.S.H. v. State
710 So. 2d 507 (Court of Criminal Appeals of Alabama, 1997)
R.C.M. v. State
752 So. 2d 528 (Court of Criminal Appeals of Alabama, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
828 So. 2d 960, 2002 Ala. Crim. App. LEXIS 65, 2002 WL 321916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casaday-v-state-alacrimapp-2002.