Holt v. United States

565 A.2d 970, 1989 D.C. App. LEXIS 227, 1989 WL 135343
District of Columbia Court of Appeals·Decided November 3, 1989·No. 85-1185·Published·Cited by 40 cases

Opinions

BELSON, Associate Judge:

A jury convicted appellant Marvin Holt of the felony offense of threats, D.C. Code § 22-2307 (1988 Supp.).1 On appeal, he challenged his conviction on several grounds and a division of this court voted to affirm. Holt v. United States, 547 A.2d 158 (D.C.1988), vacated and reh’g en banc granted, 552 A.2d 529 (1989). On rehearing en banc, the full court considers only his principal argument,2 i.e., that it was improper to charge him under the felony threats statute instead of the misdemeanor threats statute, D.C.Code § 22-507 (1981).3 Appellant argues concurrently that the government, because it did not show an intent to extort on his part, failed to prove all of the elements of felony threats against him. He therefore urges this court to overrule its decision in United States v. Young, 376 A.2d 809 (D.C.1977), in which we rejected the contention that a specific intent to extort is a necessary element of a violation of the felony threats statute. We decline to overrule Young, and affirm.

Briefly, the facts underlying appellant’s conviction are these. The complaining witness, Venita Clinton, was in the hallway of her apartment building locking her apartment door one morning when a man grabbed her from behind and placed a gun to her head. During the struggle that ensued, her pocketbook fell to the ground and at one point the gun struck her on the jaw. The assailant held the pocketbook for [972]*972a time but dropped it and ran away when a neighbor came out into the hall. Ms. Clinton gave the police a detailed description of her assailant. At the time of the assault, two neighbors saw a man matching that description running away from the apartment house toward the street where appellant lived.

In the early evening of the same day, Ms. Clinton was taking some things out of her car to bring into her apartment when a man who resembled her assailant of that morning walked toward her. She recognized the man’s eyes. As he passed her, he did not stop but said “I’m gonna get you, bitch.” Based on identifications by the complaining witness and the neighbors who had seen a man running away that morning, appellant was arrested and charged with armed robbery and felony threats.4 A jury acquitted appellant of all but the threats charge.

In his petition for rehearing, appellant argues that his alleged conduct on the afternoon of May 24 did not violate the threats statute under which he was charged because there was no showing of intent to extort on his part. To support this argument he relies chiefly on a reading of the legislative history of the District of Columbia’s felony threats prohibition favored by the dissenting judge in Young. See id. at 814-16. Tracking the Young dissent, he also contends that the disparity in potential sentence between the felony threats statute and D.C.’s simple threats statute, D.C.Code § 22-507 (1981), amounts to a violation of his eighth amendment rights. Given appellant’s actual sentence, indeterminate commitment of up to six years under the Federal Youth Corrections Act (FYCA), 18 U.S.C. § 5010(b) (repealed 1984), we do not reach the latter issue.5

The plain language of D.C.’s felony threats prohibition does not include any intent element. Faced with the lack of facial ambiguity as to the elements of the offense, appellant argues that this court must look behind the plain meaning of the statute to the legislative history to glean the legislature’s intent and that we must interpret § 22-2307 in light of § 22-2306. As this court has noted, a statute’s plain meaning does not prevail over “strong contradictory indications in the legislative history” or if the plain meaning would lead to absurd consequences. Citizens Ass’n of Georgetown v. Zoning Comm’n of the District of Columbia, 392 A.2d 1027, 1033 (D.C.1978) (en banc). There is “no rule of law forbidding resort to explanatory legislative history no matter how ‘clear the words may appear on “superficial examination.” ’ ” Id. at 1033. However, this court will “look beyond the ordinary meaning of the words of a statute only where there are persuasive reasons for doing so.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 755 (D.C.1983) (en banc).

We turn first to appellant’s contention that the legislative history of the felony threats statute establishes that Congress intended extortionate intent to be an element of the offense. He relies significantly on the dissenting opinion in Young and a statement by a division of this court in a later case to the effect that the purpose of Congress in enacting § 22-2307 was to prohibit extortion in various forms. Young, 376 A.2d at 815 (Mack, J., dissenting); Ball v. United States, 429 A.2d 1353, 1359 (D.C.1981) (“threats” (D.C.Code § 22-2307) not lesser included offense of “obstructing justice” (D.C.Code § 22-703(a)); no merger; conviction and concurrent sentences for charges of both offenses not double jeopardy). This court’s opinion in Ball did not [973]*973indicate that its interpretation of the legislative history of the felony threats statute was inconsistent with the majority’s holding in Young, 429 A.2d at 1356 n. 6, 1359-60. Nonetheless, we address it in the course of disposing of appellant’s argument that the legislative history supports his position.

Both the Young dissent and the discussion in Ball rely on remarks by Senator Tydings, then Chairman of the Senate District of Columbia Committee’s Subcommittee on Business and Commerce, when he introduced a last-minute floor amendment to the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 921-928 (1976), 18 U.S.C. §§ 1201-1202 (1984), 42 U.S.C. §§ 3701-3796C (1977). His proposal eventually became D.C.Code §§ 22-2306 (repealed 1982) and -2307 (1988 Supp.). The court, in Ball,

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Holt v. United States, 565 A.2d 970, 1989 D.C. App. LEXIS 227, 1989 WL 135343 (D.C. 1989).

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