In Re CLM

766 A.2d 992, 2001 D.C. App. LEXIS 39, 2001 WL 138305
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 15, 2001
Docket98-FS-349
StatusPublished

This text of 766 A.2d 992 (In Re CLM) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re CLM, 766 A.2d 992, 2001 D.C. App. LEXIS 39, 2001 WL 138305 (D.C. 2001).

Opinion

766 A.2d 992 (2001)

In re C.L.M., Appellant.

No. 98-FS-349.

District of Columbia Court of Appeals.

Argued February 24, 2000.
Decided February 15, 2001.

*993 Julie Brain, Public Defender Service, with whom James Klein and Jaclyn Frankfurt, Public Defender Service, were on the brief, for appellant.

Sidney R. Bixler, Assistant Corporation Counsel, with whom Robert R. Rigsby, Interim Corporation Counsel, at the time the brief was filed, and Rosalyn Calbert Groce, Director, Policy and Appeals Branch, were on the brief, for the District of Columbia, appellee.

Before SCHWELB and WASHINGTON, Associate Judges, and BELSON, Senior Judge.

WASHINGTON, Associate Judge:

Appellant C.L.M. entered a plea of guilty to one count of simple assault, in violation of D.C.Code § 22-504(a) (1996). The issue on appeal is whether a 1995 order committing C.L.M. to the custody of the Department of Human Services ("DHS") for a period of no more than two years was a legal disposition, so that a subsequent order vacating the initial commitment and committing her for a longer period nunc pro tunc to the date of the original order violated her rights under the Double Jeopardy Clause. Because we conclude that the trial court lacked jurisdiction to issue a subsequent commitment order, we reverse without reaching the double jeopardy issue.

I.

On September 27, 1995, C.L.M. entered a plea of guilty to one count of simple assault. A disposition hearing was held on December 29, 1995, and on that date the trial court entered an oral and written commitment order stating that C.L.M. was to remain committed to the custody of DHS for an indeterminate period of time not exceeding two years pursuant to D.C.Code § 16-2320(c)(2) (1997). The Assistant Corporation Counsel, who was present at the disposition hearing, neither objected to the order nor expressed any reservations regarding its propriety.

On November 6, 1997, DHS filed a progress report with the trial court requesting that C.L.M.'s commitment be extended for an additional one-year period. C.L.M. filed a written opposition to DHS' request, pointing out that the trial court had no authority to extend the commitment because the statutory provision allowing for such extensions had been removed by a 1993 amendment to D.C.Code § 16-2322.[1]

*994 The trial court conducted a hearing on February 6, 1998, on DHS' request to extend the commitment. The trial court assumed that C.L.M.'s argument regarding its lack of authority to order an extension was correct, but characterized the initial commitment order as an administrative error on the part of the trial court. The judge stated that it was never his intention to limit the commitment to two years. The trial court then vacated the order and entered a new disposition order, committing C.L.M. to DHS until her twenty-first birthday, nunc pro tunc to the date of the original order. A timely notice of appeal was filed on March 9, 1998.

II.

C.L.M. argues that the trial court order vacating its original commitment order and imposing another longer term of commitment violated her rights under the Double Jeopardy Clause. The District responds that the trial court's earlier commitment order was issued in error and that it could therefore be vacated and a new commitment order issued. According to the District, a 1993 amendment to D.C.Code § 16-2322 increased the maximum term of commitment from a period of two years to an indeterminate period ending upon a youth's twenty-first birthday, and thus effectively eliminated the court's authority to set a term of commitment for less than the statutory term of "until a child's twenty-first birthday." C.L.M. contends that the District's interpretation of D.C.Code § 16-2322(a)(4), as mandating that every commitment must extend until a child's twenty-first birthday, is erroneous and that the trial court's original disposition order specifying a commitment period of no more than two years was fully in accordance with applicable law.

D.C.Code § 16-2322(a)(4), as amended, specifies that a commitment is to be "indeterminate" and for a period "not to exceed" the youth's twenty-first birthday. In construing the plain language of a statute, this court must give the words chosen by the legislature the "ordinary sense and meaning traditionally attributed" to them. In re M.M.D., 662 A.2d 837, 848 (D.C. 1995) (quoting Dean v. District of Columbia, 653 A.2d 307, 315 (D.C.1995)). An "indeterminate" sentence has been defined as a sentence for a maximum period imposed either by the court or by statute, which may be terminated by the executive at any time or after service of a specified minimum period. See Story v. Rives, 68 U.S.App. D.C. 325, 97 F.2d 182, 187 (D.C.Cir.1938); BLACK'S LAW DICTIONARY 771 (6th ed.1990). In the context of indeterminate sentencing of adult offenders, the phrase "not to exceed" is used in this jurisdiction to create a statutory scheme in which the maximum period of each individual sentence is imposed by the court, and may be less than the maximum authorized by statute. See D.C.Code § 24-203(a) (1996); Banks v. United States, 307 A.2d 767, 769 (D.C.1973) (sentence of two to six years within statutorily prescribed limits for conviction of second degree burglary carrying maximum sentence of fifteen years); Martin v. United States, 435 A.2d 395, 397 n. 3 (D.C.1981) (lawful to impose sentence of three to nine years for forgery conviction carrying maximum sentence of ten years). Therefore, by including both the term "indeterminate" and "not to exceed" in D.C.Code § 16-2322(a)(4), the Council of the District of Columbia authorized the court to be able to impose the minimum and/or maximum duration of the commitment, while the executive has the authority to release the child at any time within the limits set by the judge.[2]

We have held that a statute should be interpreted so as to give effect to every word included in it by the legislature, so that "no part will be inoperative or superfluous, unless the provision is the result of *995 obvious mistake or error." Marshall v. District of Columbia Rental Hous. Comm'n, 533 A.2d 1271, 1274 (D.C.1987); Thomas v. District of Columbia Dep't of Employment Servs.,

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In re C.L.M.
766 A.2d 992 (District of Columbia Court of Appeals, 2001)

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Bluebook (online)
766 A.2d 992, 2001 D.C. App. LEXIS 39, 2001 WL 138305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-clm-dc-2001.