Jones v. Commonwealth

279 S.W.3d 522, 2009 Ky. LEXIS 65, 2009 WL 735772
CourtKentucky Supreme Court
DecidedMarch 19, 2009
Docket2006-SC-000802-DG
StatusPublished
Cited by4 cases

This text of 279 S.W.3d 522 (Jones v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Commonwealth, 279 S.W.3d 522, 2009 Ky. LEXIS 65, 2009 WL 735772 (Ky. 2009).

Opinions

Opinion of the Court by

Chief Justice MINTON.

I. INTRODUCTION.

Allen David Jones entered a conditional guilty plea to operating a motor vehicle under the influence (DUI) (second offense), driving on a DUI-suspended license (second offense), and of being a persistent felony offender in the first degree (PFO I). Jones argues that the Commonwealth violated certain statutory proscriptions when it moved to amend down his original fourth-offense DUI charge to a second-offense DUI charge. Because the Commonwealth’s actions were directly contrary to KRS 189A.120(1), we agree.

II. FACTUAL AND PROCEDURAL HISTORY.

A grand jury indicted Jones on one count of fourth-offense DUI;1 third-offense operating a vehicle with a suspended license (which had been suspended for DUI);2 second-degree wanton endangerm[524]*524ent;3 driving without insurance;4 and for being a PFO I.5 Jones filed a motion to dismiss the PFO charge because the qualifier for the fourth-offense DUI charge and the PFO charge were the same, which he argued is an impermissible double enhancement.

In an effort to avoid any impermissible double enhancements, the Commonwealth moved to amend the fourth-offense DUI to second-offense DUI6 and the third-offense driving on a DUI-suspended license to a second-offense driving on a DUI-suspended license.7 The effect of those amendments was to save the PFO I charge by applying one of Jones’s prior DUI convictions as the qualifier for the PFO I charge instead of applying his current DUI charge as the qualifier.

Jones argued that KRS 189A.010(5)(d) and 189A.120(1) prohibited the Commonwealth from recommending amending down the fourth-offense DUI charge. The trial court rejected Jones’s argument and permitted the Commonwealth to amend the charges. Jones then entered the conditional guilty plea set forth above, preserving for appellate review the propriety of the amendment of the DUI-related charges. The trial court sentenced Jones to thirty days’ incarceration on the DUI second charge and one year of imprisonment on the driving on a DUI-suspended license charge, enhanced to ten years’ imprisonment by virtue of the PFO I charge.8 But the trial court suspended those sentences and ordered Jones to be placed on probation for five years. The Court of Appeals affirmed. We granted discretionary review and reverse the Court of Appeals.9

III. ANALYSIS.

Jones does not contest the fact that he refused to submit to an alcohol concentration test. For purposes of this case, KRS 189A.120(1) provides, in relevant part, that “a prosecuting attorney shall not agree to the amendment of the charge to a lesser offense ...” in DUI cases in which the defendant has refused an alcohol concentration test.10 Despite the seemingly straightforward language of the statute, the Commonwealth contends, and the [525]*525Court of Appeals agreed, that this statutory directive was not violated when the prosecutor successfully moved to amend Jones’s DUI fourth charge to a DUI second charge. The Court of Appeals concluded that KRS 189A.120(1) only prohibited the Commonwealth from agreeing to a defendant’s motion for a reduction in charges while leaving the Commonwealth free to file its own motion to reduce the DUI charges. We do not share this im-permissibly narrow construction of the word agree.

KRS 446.080(4) requires that we construe the words of all statutes “according to the common and approved usage of language,” unless the words “have acquired a peculiar and appropriate meaning in the law....” There is no indication that the simple word agree has acquired a peculiar meaning in the law. So we must construe the word according to its ordinary meaning.

According to Webster’s Dictionary, the word agree means “to concur in” or “to consent to as a course of action....”11 Clearly, the Commonwealth concurred in, or consented to, the amendment of Jones’s DUI fourth charge to a DUI second charge. After all, it was the Commonwealth that sought the amendment. If we were to hold that the Commonwealth did not “agree” to the motion to amend Jones’s DUI fourth charge, we would ultimately have to come to the illogical conclusion that the Commonwealth did not “agree” to the very action sought by its own motion. Or, in other words, how can it logically be said that the Commonwealth did not “agree” to the amendment of Jones’s charges when the Commonwealth itself sought those amendments?

And we see no indication in the plain language of KRS 189A. 120(1) that would cause us to conclude that the Commonwealth is only prohibited from concurring in a defendant’s motion to amend a DUI charge while remaining free to seek such an amendment on its own. Such a conclusion would be illogical. Why would the General Assembly enact a statute that would forbid the Commonwealth from agreeing to an action if proposed by a defendant but that would allow the Commonwealth to seek that very same action on its own? By contrast, the proper construction we have given KRS 189A. 120(1) causes that statute to stand for the clear and logical proposition that the Commonwealth may not join a defendant’s motion to amend DUI-related charges, nor may the Commonwealth seek such an amendment on its own. So the possibility of prosecutorial word games is eliminated. After all, tortured semantics and word games simply cannot magically convert a DUI fourth offense into a DUI second offense.

We fully recognize the wide latitude normally given to prosecutors to determine what charges, if any, to bring against a potential defendant.12 And we have adopted the federal courts’ view that an “independent” motion by a prosecutor to dismiss or amend an indictment should be granted “unless clearly contrary to manifest public interest.”13 On this point, the General Assembly has already expressed the public interest of this Commonwealth through the enactment of KRS 189A. 120(1), which quite plainly prohibits the Commonwealth from agreeing to an amendment like the one in the case at hand.

[526]*526This case is unusual in that the amendments the Commonwealth successfully sought did not appear to reduce the overall possible sentence Jones faced. But KRS 189A.

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Related

Alexander Bloyer v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2020
Commonwealth Ex Rel. Conway v. Thompson
300 S.W.3d 152 (Kentucky Supreme Court, 2010)
Jones v. Commonwealth
279 S.W.3d 522 (Kentucky Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
279 S.W.3d 522, 2009 Ky. LEXIS 65, 2009 WL 735772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-commonwealth-ky-2009.