People v. Rutledge

645 N.W.2d 333, 250 Mich. App. 1
CourtMichigan Court of Appeals
DecidedMay 31, 2002
DocketDocket 233990
StatusPublished
Cited by24 cases

This text of 645 N.W.2d 333 (People v. Rutledge) 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. Rutledge, 645 N.W.2d 333, 250 Mich. App. 1 (Mich. Ct. App. 2002).

Opinions

Markey, J.

Defendant Scott Rutledge appeals by leave granted the circuit court’s order affirming the district court’s denial of defendant’s motion to dismiss charges of illegally possessing and consuming alcohol against nineteen-year-old defendant who after drinking alcohol legally in Canada1 returned to Michigan as a passenger in a vehicle and was charged with consuming and possessing alcohol in violation of MCL 436.1703(1). We reverse.

On July 30, 2000, defendant was arrested as a minor illegally possessing and consuming alcohol in violation of MCL 436.1703(1). Defendant was a passenger in a vehicle that was stopped for speeding. After the driver of the vehicle was given a Breathalyzer test that indicated the driver had consumed alcohol, the police officers tested defendant, who also tested positive for alcohol consumption. In the district court, defendant moved to dismiss the [3]*3charges, arguing that MCL 436.1703(1) was unconstitutionally vague and overbroad. For proposes of the motion, the court found that defendant drank legally in Canada, but determined that defendant violated the statute because he possessed alcohol in Michigan by having it in his body. After the motion to dismiss was denied, defendant conditionally pleaded guilty, subject to this appeal. On appeal to the circuit court, the court affirmed the district court, finding that defendant violated the statute because he “consumed alcoholic liquor in his body.” The circuit court also “suppose[d]” that defendant possessed alcohol by having it in his body in Michigan. Thereafter, this Court granted leave to appeal.

In this case, we are asked to decide whether MCL 436.1703(1), the “minor in possession” statute, makes it a crime for a minor to have alcohol in his body when the alcohol was legally obtained and ingested in another jurisdiction. We conclude that it does not.

MCL 436.1703(1) provides in relevant part: “A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in this section.”

Generally, a state has jurisdiction only over offenses committed within the state’s physical borders. People v Blume, 443 Mich 476, 480; 505 NW2d 843 (1993), quoting People v Devine, 185 Mich 50, 52-53; 151 NW 646 (1915).

It is a well-established rule that a sovereign state can exercise jurisdiction to punish a criminal offense only when the offense is committed in whole or in part in that sovereign state. No matter how closely an act is connected with the state, if all the criminal elements are done entirely [4]*4outside a state’s boundaries, it cannot be punished by that state. [People v Kirby, 42 Mich App 97, 99; 201 NW2d 355 (1972) (citations omitted).]

The exception to this general rule is “ ‘limited to those acts that are intended to have, and that actually do have, a detrimental effect within the state.’ ” Blume, supra at 480, quoting Strassheim v Daily, 221 US 280, 285; 31 S Ct 558; 55 L Ed 735 (1911). This Court need not determine whether the exception applies in this matter because the prosecutor asserts that defendant violated the statute not by possessing and ingesting alcohol in Canada, but by possessing and consuming the alcohol within his body after returning to Michigan. Defendant, on the other hand, urges this Court to construe the terms “consume” and “possess” as used in MCL 436.1703(1) to mean actual ingestion and possession of undigested alcoholic liquor.

A statute is presumed to be constitutional and is so construed unless its unconstitutionality is readily apparent. People v Noble, 238 Mich App 647, 651; 608 NW2d 123 (1999). Before addressing the constitutionality of the statute, this Court “must examine alternative, nonconstitutional grounds that might obviate the necessity of deciding the constitutional questions.” VandenBerg v VandenBerg, 231 Mich App 497, 499; 586 NW2d 570 (1998). Although the constitutional issue is the only issue raised on appeal, this case can be decided solely on the basis of statutory construction. Whether conduct falls within the statutory scope of a criminal statute is a question of law that is reviewed de novo on appeal. Noble, supra at 658. This Court has discretion to grant different or further relief as the case requires. MCR 7.216(7).

[5]*5“Criminal statutes must be strictly construed, with each word interpreted according to its ordinary usage and common meaning.” Noble, supra at 659. Here, there is no allegation that defendant purchased alcoholic liquor in Michigan. Therefore, the case turns on the meaning of the terms “consume” and “possess.”

Statutory construction begins by examining the plain language of the statute to discern and give effect to the Legislature’s intent. People v Morey, 461 Mich 325, 329-330; 603 NW2d 250 (1999). If the language is unambiguous, no further construction is required or permitted, and the statute must be enforced as written. Id. at 330. This Court may look outside the statute to ascertain the Legislature’s intent only where the language is ambiguous. Id.

We conclude that the terms “consume” and “possess” are ambiguous as used in the “minor in possession” statute because they can be interpreted in more than one manner. Specifically, they can be construed narrowly to mean only physical control and ingestion, as defendant urges, or very broadly to mean metabolism and containment in the body, as proposed by the prosecutor. A provision is considered ambiguous when it is susceptible to more than one reasonable interpretation. Frame v Nehls, 452 Mich 171, 176; 550 NW2d 739 (1996).

To determine the meaning of the terms, this Court should look to “[t]he fair and natural import of the terms employed, in view of the subject matter of the law . . . .” Morey, supra at 330. Neither “possess” nor “consume” is defined by the Michigan Liquor Control Code.2 We are unable to find any statutory definition [6]*6of either term or any judicial definition of the term “consume.” The term “possession,” although not “possess,” has been judicially defined as encompassing both actual and constructive possession. People v Hill, 433 Mich 464, 470; 446 NW2d 140 (1989). A “person has constructive possession if there is proximity to the article together with indicia of control.” Id. The Hill case did not define actual possession.

This Court may also examine dictionaiy definitions if the statute does not expressly define its terms. People v Gregg, 206 Mich App 208, 211-212; 520 NW2d 690 (1994). Black’s Law Dictionary (6th ed), p 1162, defines “possess” as: “[t]o occupy in person; to have in one’s actual and physical control; to have the exclusive detention and control of; to have and hold as property; to have a just right to; to be master of; to own or be entitled to.” Black’s Law Dictionary does not define “consume.” Random House Webster’s College Dictionary (1997), p 1017, defines “possess,” in part, as: “to have as belonging to one; have as property; own; ... to occupy or control . . . .” Random House defines “consume” as: “to destroy or expend by use; use up[;] ... to eat or drink up; devour.” Id. at 84. Moreover, to determine the meaning of the terms, this Court may look to the commonly accepted meaning of the words. Morey, supra at 330.

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People v. Rutledge
645 N.W.2d 333 (Michigan Court of Appeals, 2002)

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Bluebook (online)
645 N.W.2d 333, 250 Mich. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rutledge-michctapp-2002.