State v. Brantley

56 P.3d 1252, 99 Haw. 463
CourtHawaii Supreme Court
DecidedNovember 1, 2002
Docket22635
StatusPublished
Cited by32 cases

This text of 56 P.3d 1252 (State v. Brantley) is published on Counsel Stack Legal Research, covering Hawaii 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. Brantley, 56 P.3d 1252, 99 Haw. 463 (haw 2002).

Opinions

Opinion by

MOON, C.J.

Defendant-appellant/movant-appellant Mark A. Brantley appeals from the second circuit court’s May 25,1999 order, entered by the Honorable Shaekley Raffetto, presiding, denying his Hawai'i Rules of Penal Procedure (HRPP) Rule 35 “Motion to Reverse Conviction and Correct Illegal Sentence” for his 1994 conviction of carrying or use of firearm in the commission of a separate felony, in violation of Hawai'i Revised Statutes (HRS) § 134-6(a) (1993).1 Brantley’s motion was brought pursuant to this court’s decision in State v. Jumila, 87 Hawai'i 1, 950 P.2d 1201 (1998), wherein we held that a defen[464]*464dant could not be convicted of both the HRS § 134-6(a) violation and the separate, underlying felony. See id. at 3, 950 P.2d at 1203. According to Jumila, the remedy for the inappropriate conviction of both of these offenses, which Brantley sought, is to reverse the conviction for the offense which was of the lesser grade—in this case, the firearms offense. See id. at 4, 950 P.2d at 1204.

In his appeal, Brantley argues that the circuit court erred in denying his motion because the court incorrectly determined that Jumila does not apply retroactively to him. Plaintiff-appellee/respondent-appellee State of Hawaii (State) answers that the circuit court correctly determined that Jumi-la, does not apply retroactively to Brantley. Alternatively, the State contends that our holding in Jumila, barring conviction of both HRS § 134-6(a) and the separate felony, should be overruled. We affirm the circuit court’s order because we agree with the State’s alternative argument and overrule our holding in Jumila that a defendant cannot be convicted of both HRS § 134-6(a) and its separate felony.

I. BACKGROUND

On November 4, 1994, Brantley was convicted of, inter alia, carrying or use of firearm in the commission of a separate felony and second degree murder, the separate felony in the former offense. On January 12, 1999, Brantley filed an HRPP Rule 35 motion seeking to reverse his conviction for the firearms offense. In opposition, the State argued that Jumila, a 1998 decision, should not be applied retroactively to Brantley’s 1994 conviction. Among the arguments cited by the State was the fact that the legislature was considering passage of a bill that would “vitiate” Jumila. At the February 4, 1999 initial hearing on the motion, the circuit court continued the matter and requested supplemental briefing regarding the pending legislation and what, if any; impact the legislation would have on the court’s determination regarding the question of retroactivity. On April 13, 1999, the Governor signed into law Act 12, which amended HRS § 134-6 to explicitly state that an individual could be convicted of both HRS § 134-6(a) and the separate felony. See 1999 Haw. Sess. L. Act 12, at 12.2 Subsequently, the circuit court denied Brantley’s motion, indicating that the 1999 amendment to HRS § 134-6 was an important factor in its decision not to apply Jumila retroactively. Brantley timely appealed.

II. STANDARDS OF REVIEW

A. Statutory Interpretation

The question whether a defendant can be convicted of both carrying or use of firearm in the commission of a separate felony and the separate felony is a question of statutory interpretation. We interpret statutes de novo. See State v. Cornelio, 84 Hawai'i 476, 483, 935 P.2d 1021, 1028 (1997) (citations omitted).

When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
When there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists....
In construing an ambiguous statute, “[t]he meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may.be compared, in order to ascertain them true meaning.” HRS § 1-15(1) [ (1993) ]. Moreover, the courts may resort to extrinsic aids in determining legislative intent. One ave[465]*465nue is the use of legislative history as an interpretive tool.
Gray [v. Administrative Director of the Court, 84 Hawai'i 138, 148, 931 P.2d 580, (1997)] (quoting State v. Toyomura, 80 Hawai'i 8, 18-19, 904 P.2d 893, 903-04 (1995)) (brackets and ellipsis points in original) (footnote omitted). This court may also consider “[t]he reason and spirit of the law, and the cause which induced the legislature to enact it ... to discover its true meaning.” HRS § 1-15(2) (1993). “Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one statute may be called upon in aid to explain what is doubtful in another.” HRS § 1-16 (1993).
State v. Kotis, 91 Hawai'i 319, 327, 984 P.2d 78, 86 (1999) (quoting State v. Dudoit, 90 Hawai'i 262, 266, 978 P.2d 700, 704 (1999) (quoting State v. Stocker, 90 Hawai'i 85, 90-91, 976 P.2d 399, 404-05 (1999) (quoting Ho v. Leftwich, 88 Hawai'i 251, 256-57, 965 P.2d 793, 798-99 (1998) (quoting Korean Buddhist Dae Won Sa Temple v. Sullivan, 87 Hawai'i 217, 229-30, 953 P.2d 1315, 1327-28 (1998))))) (some brackets and ellipses points added and some in original).

State v. Rauch, 94 Hawai'i 315, 322-23, 13 P.3d 324, 331-32 (2000).

B. Stare decisis

With regards to overruling a previous decision of this court,

we do not lightly disregard precedent; we subscribe to the view that great consideration should always be accorded precedent, especially one of long standing and general acceptance. Yet, it does not necessarily follow that a rule established by precedent is infallible. If unintended injury would result by following the previous decision, corrective action is in order; for we cannot be unmindful of the lessons furnished by our own consciousness, as well as by judicial history, of the liability to error and the advantages of review.

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State v. Brantley
56 P.3d 1252 (Hawaii Supreme Court, 2002)

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Bluebook (online)
56 P.3d 1252, 99 Haw. 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brantley-haw-2002.