State v. Anthony

772 N.E.2d 1167, 96 Ohio St. 3d 173
CourtOhio Supreme Court
DecidedAugust 21, 2002
DocketNos. 2001-1393 and 2001-1414
StatusPublished
Cited by15 cases

This text of 772 N.E.2d 1167 (State v. Anthony) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Anthony, 772 N.E.2d 1167, 96 Ohio St. 3d 173 (Ohio 2002).

Opinion

Francis E. Sweeney, Sr., J.

[174]*174{¶ 1} According to the prosecutor’s statement at the sentencing hearing, on August 25, 1998, Chief John Drake of the Cridersville Police Department stopped a black Lincoln Continental on Interstate 75 believed to be carrying three men who had robbed a bank in Allen County. When Drake made the stop, he was able to see only the driver because the other two men, including defendant-appellant, Moses B. Anthony, were hiding in the back seat of the car. Anthony emerged from the vehicle, carrying a semiautomatic handgun, and fired four shots at Drake. Drake took cover and was unharmed. Anthony got back into the car, and a chase ensued. Anthony was subsequently arrested.

{¶ 2} Anthony was charged with and pleaded guilty to one count of attempted felonious assault and one count of having a weapon while under disability.1 The trial court sentenced Anthony to seven years’ imprisonment on these charges. The court also suspended Anthony’s driver’s license for life, pursuant to R.C. 4507.16(A)(1)(b), since it found that a motor vehicle had been used in the commission of a felony.

{¶ 3} The court of appeals reversed the lifetime suspension of Anthony’s driver’s license on the ground that it exceeded the three-year maximum suspension allowed by statute. Nevertheless, the court of appeals concluded that the trial court was warranted in revoking his driving privileges pursuant to R.C. 4507.16(A)(1)(b). The court of appeals certified its judgment to be in conflict with that of the First District Court of Appeals in State v. Krug (1993), 89 Ohio App.3d 595, 626 N.E.2d 984. This cause is now before this court upon our determination that a conflict exists and pursuant to the allowance of a discretionary appeal.

{¶ 4} At issue is the interpretation of R.C. 4507.16(A)(1)(b), which provides for suspension or revocation of driving privileges where a motor vehicle is used in the commission of a felony.2 R.C. 4507.16 provides:

{¶ 5} “(A)(1) The trial judge of any court of record * * * shall suspend for not less than thirty days or more than three years or shall revoke the driver’s * * * license * * * of any person who is convicted of or pleads guilty to any of the following:

{¶ 6} “* * *

[175]*175{¶ 7} “(b) Any crime punishable as a felony under the motor vehicle laws of this state or any other felony in the commission of which a motor vehicle is used.” (Emphasis added.)

{¶ 8} Appellant challenges his license revocation, arguing that he did not “use” a motor vehicle to commit the crimes of attempted felonious assault and having a weapon while under disability. Appellant maintains that the statutory language is ambiguous and urges us to construe the statute to find that a motor vehicle is used in the commission of a felony only when there is a sufficient nexus between the offense and the vehicle.

{¶ 9} In contrast, appellee argues, and the court of appeals found, that a motor vehicle is used in the commission of a felony whenever it is used as part of or in furtherance of the felony. Since Anthony used the vehicle to conceal himself from Officer Drake and as a method to escape the crime scene, the court of appeals held that license revocation was appropriate.

{¶ 10} In determining what is meant by the term “used” in connection with the phrase “in the commission of a felony” in R.C. 4507.16(A)(1)(b), we employ fundamental rules of statutory construction. The primary goal of statutory interpretation is to discern the intent of the legislature. Symmes Twp. Bd. of Trustees v. Smyth (2000), 87 Ohio St.3d 549, 553, 721 N.E.2d 1057. In determining intent, we first look to the language of the statute. Provident Bank v. Wood (1973), 36 Ohio St.2d 101, 105, 65 O.O.2d 296, 304 N.E.2d 378. Where the meaning of the statute is clear and definite, it must be applied as written. Bailey v. Republic Engineered Steels, Inc. (2001), 91 Ohio St.3d 38, 40, 741 N.E.2d 121. However, where the words are ambiguous and are subject to varying interpretations, further interpretation is necessary. Id.

{¶ 11} The term “used” is not defined in the statute. Therefore, it must be given its plain and ordinary meaning. Sharp v. Union Carbide Corp. (1988), 38 Ohio St.3d 69, 70, 525 N.E.2d 1386; R.C. 1.42. The term “use” has varying definitions, including “to put or bring into action or service; employ for or apply to a given purpose.” Webster’s New World College Dictionary (4th Ed.1999). AVhen this definition is applied to license revocation or suspensions under R.C. 4507.16(A)(1)(b), the statutory language is easily susceptible of more than one interpretation. It can mean that whenever a vehicle is brought “into action or service” to commit a felony, license revocation or suspension is appropriate, as argued by appellee. Conversely, it can be construed to mean that the statute applies only when the vehicle is employed for the given purpose of committing a felony, the interpretation urged by appellant. Since the statutory language is subject to .varying interpretations, we find that the language is ambiguous.

{¶ 12} R.C. 1.49 sets forth certain criteria that serve as guideposts for courts to follow when determining the legislative intent of an ambiguous statute. [176]*176Among these criteria, courts may look at the object sought by the legislature and the consequences of a particular construction.

{¶ 13} In State v. White (1987), 29 Ohio St.3d 39, 40, 29 OBR 388, 505 N.E.2d 632, we stated that the legislative objective underlying R.C. 4507.16(A) is “to prevent certain persons who unlawfully drive their vehicles from continuing to enjoy the privilege of driving.” In accordance with this purpose, we concluded that the trial court had the authority to permanently revoke White’s driver’s license where he committed aggravated vehicular homicide and involuntary manslaughter, both felony offenses under Ohio’s motor vehicle laws. Although in White we did not construe that part of R.C. 4507.16(A)(1)(b) that is at issue in this case, the legislative purpose remains the same, to punish criminals for their unlawful conduct and to deter them from using a motor vehicle to commit similar crimes in the future.

{¶ 14} Given this legislative purpose, it makes little sense to take away the driving privileges of a defendant where the motor vehicle is not integral to commission of the crime itself. The punishment simply does not fit the crime. Moreover, under these circumstances, there is little deterrent value in taking the defendant’s driving privileges away. This is particularly so under the facts of this case, where appellant was not even the driver, but was simply a passenger in the car.

{¶ 15} As to the consequences of a particular construction, the court of appeals holding gives trial courts wide latitude in revoking or suspending driver’s licenses even where the motor vehicle plays little part in the commission of the felony. This broad interpretation not only undermines the legislative intent behind the statute, but it would also lead to absurd results.

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

Related

State v. Peters
2023 Ohio 4362 (Ohio Court of Appeals, 2023)
State v. Roberts
2022 Ohio 3772 (Ohio Court of Appeals, 2022)
State v. Drake
2017 Ohio 4336 (Ohio Court of Appeals, 2017)
Faith Walk Fellowship Church v. Cleveland
2014 Ohio 5035 (Ohio Court of Appeals, 2014)
Anderson v. Barclay's Capital Real Estate, Inc.
2013 Ohio 1933 (Ohio Supreme Court, 2013)
State v. Chappell
2010 Ohio 5991 (Ohio Supreme Court, 2010)
State v. Fain
936 N.E.2d 93 (Ohio Court of Appeals, 2010)
State v. Prade
2010 Ohio 1842 (Ohio Supreme Court, 2010)
State v. Powell, Unpublished Decision (4-10-2006)
2006 Ohio 1778 (Ohio Court of Appeals, 2006)
In Re Oglesby
333 B.R. 788 (S.D. Ohio, 2005)
Hergenroder v. Ohio Bureau of Motor Vehicles
789 N.E.2d 1147 (Ohio Court of Appeals, 2003)
State v. Anthony
2002 Ohio 4008 (Ohio Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
772 N.E.2d 1167, 96 Ohio St. 3d 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anthony-ohio-2002.