People v. Lawrence

632 N.W.2d 156, 246 Mich. App. 260
CourtMichigan Court of Appeals
DecidedAugust 23, 2001
DocketDocket 220598
StatusPublished
Cited by14 cases

This text of 632 N.W.2d 156 (People v. Lawrence) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lawrence, 632 N.W.2d 156, 246 Mich. App. 260 (Mich. Ct. App. 2001).

Opinions

Murphy, J.

Following a jury trial, defendant was convicted of possession with intent to deliver less than fifty grams of cocaine, MCL 333.7401(1), (2)(a)(iv), and of escape from lawful custody, MCL 750.197a. The trial court sentenced defendant as an habitual offender, third offense, MCL 769.11, to thirty-four months to forty years’ imprisonment on the possession with intent to deliver conviction. On the escape conviction, the court imposed a consecutive sentence of 165 days in jail and gave defendant credit for that time served. Defendant now appeals as of right, challenging only his conviction of escape from lawful custody. Because we conclude that defendant was not “under any criminal process” when he attempted to flee from police transportation upon his arrest, we vacate the misdemeanor conviction of escape from lawful custody.1

[262]*262Police officers, conducting surveillance of a housing project because of complaints regarding narcotics trafficking, approached defendant and a second individual after the two were observed making a suspicious exchange. Both men ran, but the officers gave chase, caught them, and returned to the location of the initial approach. On the ground where defendant had been standing, the officers found two individually wrapped rocks of suspected crack cocaine. The rocks field-tested positive for cocaine, and the officers arrested defendant, handcuffed him, and placed him in a police car for transport to the police station. Just as the car began to move, defendant opened the car door and “took off running.” The officers again gave chase, caught defendant approximately two hundred yards from the car, and returned him to the car, this time locking the door.

The sole issue we must decide is whether these uncontested facts support conviction of escape from lawful custody. Defendant argues that his action of fleeing the police car is not punishable under MCL 750.197a because no court had yet issued an order affecting his custody and, thus, he did not escape from lawful custody “under any criminal process.” The prosecution, meanwhile, contend^ that this case is controlled by People v Taylor, 238 Mich App 259; 604 NW2d 783 (1999), wherein a similar claim was considered and rejected when the Court construed a companion statute, MCL 750.197(2).

When reviewing the sufficiency of the evidence in a criminal case, this Court views the evidence in a light [263]*263most favorable to the prosecution to determine whether a rational trier of fact could have found the essential elements of the crime proved beyond a reasonable doubt. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992); People v Vronko, 228 Mich App 649, 654; 579 NW2d 138 (1998). Statutory interpretation, however, presents a question of law that we review de novo. People v Webb, 458 Mich 265, 274; 580 NW2d 884 (1998).

MCL 750.197a provides:

Any person who shall break or escape from lawful custody under any criminal process, including periods while at large on bail, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $500.00. [Emphasis added.]

In part because this case turns on construction of the phrase “under any criminal process,” we initially find, contrary to the prosecution’s argument, that this case is not controlled by Taylor, supra.2

[264]*264In Taylor, supra at 260, the defendant was arrested, taken to the jail, and placed in a holding cell. Before he was booked, he asked to use the bathroom. When the guard opened his cell door, the defendant escaped. Id. The trial court ruled that individuals who have been arrested on a felony warrant and placed in a holding cell in a jail are immune from prosecution under subsection 197(2) until they are formally processed. However, this Court reversed, finding that the defendant was “lawfully imprisoned in a jail” when he escaped. Id. at 262. This Court additionally ruled that the fact that the defendant had not yet been processed was irrelevant because he was not jailed for the purpose of being booked. “Rather, he was being held in jail pending the commencement of the criminal process,” which “logically includes examination, arraignment, and possibly trial.” Id. at 266. The circumstances presented in Taylor are factually distinguishable from the instant case, and this Court’s interpretation of strikingly different statutory language does not assist our analysis of § 197a.

No reported cases in this state in fact construe the phrase “under any criminal process,” as it is used in MCL 750.197a. Moreover, the few cases that have considered § 197a have been concerned, generally, with issues related to bail jumping. See, e.g., People v Williams, 243 Mich App 333, 334-335; 620 NW2d 906 (2000); People v Pfeiffer, 177 Mich App 170, 172; 441 NW2d 65 (1989) (two cases in which this Court found the statute applicable to situations where convicted defendants failed to appear for sentencing after being released on bond). Accordingly, our analysis of the phrase “under any criminal process” must be governed by the rules of statutory construction.

[265]*265The primary goal of judicial interpretation of statutes is to give effect to the intent of the Legislature. People v Morris, 450 Mich 316, 326; 537 NW2d 842 (1995); People v Stephan, 241 Mich App 482, 496; 616 NW2d 188 (2000). The first criterion in determining intent is the specific language of the statute. People v Stone, 234 Mich App 117, 121; 593 NW2d 680 (1999). If statutory language is clear and unambiguous, the court must enforce it as plainly written. Morris, supra at 326. Statutory language is clear and unambiguous when reasonable minds could not differ with regard to its meaning. People v Armstrong, 212 Mich App 121, 123; 536 NW2d 789 (1995). However, if a statute is susceptible to more than one interpretation, the court must engage in judicial construction and interpret the statute. Morris, supra at 326. The court must access the object of the statute and the harm it was designed to remedy and apply a reasonable construction that best accomplishes the purpose of the statute. People v Adair, 452 Mich 473, 479-480; 550 NW2d 505 (1996). Provisions of the Penal Code are construed according to the fair import of their terms to effect the purpose of the statute. MCL 750.2; Morris, supra at 327; Armstrong, supra at 127.

The phrase “under any criminal process” is not defined in the statute. Where the Legislature has not expressly defined the terms used in a statute, a court may turn to dictionary definitions for aid in construing the terms in accordance with their ordinary and generally accepted meanings. People v Morey, 461 Mich 325, 330; 603 NW2d 250 (1999). The term “process” is defined in Black’s Law Dictionary (7th ed), p 1222, as “[t]he proceedings in any action or prosecution,” or as “[a] summons or writ, esp. to appear [266]*266or respond in court.”3 The meaning of “criminal process” is more specifically set forth as “[a] process (such as an arrest warrant) that issues to compel a person to answer for a crime.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

P Roland Tindle Do v. Legend Health Pllc
Michigan Court of Appeals, 2023
Safiedine v. City of Ferndale
753 N.W.2d 260 (Michigan Court of Appeals, 2008)
In Re COMPLAINT OF McLEODUSA TELECOMMUNICATIONS SERVICES, INC
751 N.W.2d 508 (Michigan Court of Appeals, 2008)
People v. Gubachy
728 N.W.2d 891 (Michigan Court of Appeals, 2007)
People v. Brown
692 N.W.2d 717 (Michigan Court of Appeals, 2005)
People v. Cardenas
688 N.W.2d 544 (Michigan Court of Appeals, 2004)
Tuscola Cty. Bd. of Comm'rs v. Tuscola Cty. Apportionment Comm.
686 N.W.2d 495 (Michigan Court of Appeals, 2004)
People v. Gatski
677 N.W.2d 357 (Michigan Court of Appeals, 2004)
People v. Wolfe
651 N.W.2d 72 (Michigan Court of Appeals, 2002)
People v. Meyers
649 N.W.2d 123 (Michigan Court of Appeals, 2002)
People v. Lawrence
632 N.W.2d 156 (Michigan Court of Appeals, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
632 N.W.2d 156, 246 Mich. App. 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lawrence-michctapp-2001.