Pedraza v. State

2015 Ark. App. 205, 465 S.W.3d 426, 2015 Ark. App. LEXIS 266
CourtCourt of Appeals of Arkansas
DecidedApril 1, 2015
DocketCR-14-178
StatusPublished
Cited by5 cases

This text of 2015 Ark. App. 205 (Pedraza v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pedraza v. State, 2015 Ark. App. 205, 465 S.W.3d 426, 2015 Ark. App. LEXIS 266 (Ark. Ct. App. 2015).

Opinion

BRANDON J. HARRISON, Judge

|!Victoria Pedraza pled guilty to permitting abuse of a minor and was sentenced. She now appeals, arguing that the circuit judge erred by (1) requiring her to register as a sex offender, (2) engaging in inappropriate conduct during her sentencing trial, and (3) not disqualifying himself from presiding over her sentencing trial. We affirm.

Because Pedraza is not challenging the sufficiency of the evidence, only a brief recitation of the facts is necessary. Pedra-za and her husband, Daniel, were charged with capital murder and permitting abuse after Pedraza’s two-year-old daughter died as a result of multiple blunt-force injuries. 1 Victoria Pedraza later pled guilty to permitting abuse of a minor and agreed to testify against her husband. A jury sentenced Pedraza to twenty years’ imprisonment for permitting abuse, and an order to this effect was entered in July 2013. This appeal followed.

|2I. Sex-Offender Registration

At sentencing, there was some discussion of whether Pedraza was required to register as a sex offender or whether the circuit court had discretion in the matter; the court asked the parties to brief the issue. The State filed a brief explaining that the crime to which Pedraza pled guilty, permitting abuse of a minor, is defined as a sex offense in Ark.Code Ann. § 12-12-903(12)(A)(i)(s) (Supp. 2013); that the registration requirement applies to those adjudicated guilty of a sex offense after August 1, 1997; and that, according to § 12 — 12—906(a)(1) (A) (i), the sentencing court “shall enter on the judgment and commitment or judgment and disposition form that the offender is required to register as a sex offender[.]” In a letter to the parties, the court agreed with the State and concluded that it “lacked the discretion to decide” whether Pedraza should be registered as a sex offender.

Two days later, Pedraza filed a motion to prevent the judgment from requiring her registration as a sex offender; in the accompanying brief, she argued that § 12-12-903 was vague and overbroad because it “does not specify that only those defendants that commit crimes involving sex ... need to register.” She argued that because all “crimes” under § 5-27-221 trigger the requirement to register as a sex offender, the sex-offender registration statute was over-inclusive, improper, and violated her constitutional rights. 2

|3In a letter opinion dated July 24, the court denied Pedraza’s motion, explaining that the statute was “explicit” that permitting abuse of a minor is a sex offense and that sex-offender registration was mandatory. On 20 August 2013, the court entered an order denying Pedraza’s motion “as indicated in the letter from the Court dated July 24, 2013,” and the sentencing order reflects that she was adjudicated guilty of an offense requiring sex-offender registration.

On appeal, Pedraza argues that the Sex Offender Registration Act is ambiguous because it “was intended to protect the public from ‘sex abuse’ and thus by the common language of the statute, the registration requirement does not, and should not[,] apply to Appellant.” She argues that the circuit court should have exercised discretion in deciding whether to make her register as a sex offender. She also argues that § 12-12-903(12)(A)(i)('s) is unconstitutionally vague, overbroad, and violates her rights to due process, equal protection, and privacy.

First, we note that Pedraza’s arguments on due process, equal protection, and privacy are raised for the first time on appeal. Issues raised for the first time on appeal, even constitutional ones, are not considered because the circuit court never had an opportunity to rule on them. London v. State, 354 Ark. 313, 125 S.W.3d 813 (2003). Pedraza did argue below that the statute is vague and overbroad, but she failed to obtain a ruling from the circuit court on these arguments. An appellant must obtain a ruling on an argument to preserve the matter for this court’s review. Wallace v. State, 2009 Ark. 90, 302 S.W.3d 580.

|4This leaves us with the argument that the statute is ambiguous and that the court should have exercised its discretion in requiring her to register as a sex offender. We review issues of statutory construction de novo. Johnson v. Dawson, 2010 Ark. 308, 365 S.W.3d 913. This means that we are not bound by the circuit court’s decision, but in the absence of a showing that the circuit court erred in its interpretation of the law, that interpretation will be accepted as correct on appeal. Id. The basic rule in considering the meaning and effect of a statute is to construe it just as it reads, giving the words the ordinary and usually accepted meaning in common language. Id. When the language is plain and unambiguous, we will not resort to rules of statutory construction, and the analysis stops. Id. When a statute is ambiguous, however, we must interpret it according to the legislative intent, and our review becomes an examination of the whole act. Id.

In this case, we hold that the statute is plain and unambiguous. Permitting abuse of a minor is listed as a sex offense under § 12 — 12—903(12)(A)(i), and the registration requirement unambiguously applies to those persons, like Pedraza, who are adjudicated guilty of a sex offense on or after August 1, 1997. Ark.Code Ann. § 12-12-905(a)(1). Therefore, the circuit court did not err in finding that it lacked discretion to order Pedraza to register as a sex offender. The court had no choice but to do so pursuant to the governing law. We also note that, while the subchapter at issue is commonly referred to as the “Sex Offender Registration Act,” see Ark.Code Ann. § 12-12-901, it was intended to establish a system of registration “for sexually violent predators and sex and child offenders.” See Act of April 1, 1997, No. 1061, 1997 Ark. Acts 989 (emphasis added). So Pe-draza is incorrect that the statute was intended to protect the public only from sex | ^offenders. And finally, a concurring supreme court justice has previously addressed the issue raised by Pedraza, but the General Assembly has not amended the statute. See Sullivan v. State, 2012 Ark. 74, 386 S.W.3d 507 (Brown, J., concurring) (noting that the circuit court was required to register Sullivan as a sex offender but expressing concern that a person who has been convicted of permitting physical abuse, not sexual abuse, was required to register as a sex offender). The legislature is presumed to be familiar with the appellate courts’ interpretation of its statutes, and it can amend a statute if it disagrees with those interpretations; absent such an amendment, the interpretation of the statute remains the law. Sawyer v. State, 327 Ark. 421, 938 S.W.2d 843 (1997). We affirm the circuit court’s requirement that Pedraza register as a sex offender.

II. Inappropriate Conduct

Pedraza contends that the circuit court erred by conducting its own investigation, questioning witnesses, making objections, and commenting on the evidence throughout the sentencing trial.

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Bluebook (online)
2015 Ark. App. 205, 465 S.W.3d 426, 2015 Ark. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedraza-v-state-arkctapp-2015.