State v. Brown

2010 WI App 113, 789 N.W.2d 102, 328 Wis. 2d 241, 2010 Wisc. App. LEXIS 504
Procedural entryThis page is a short order in State v. Brown. Read the opinion of the Court — 315 Wis. 2d 770
Court of Appeals of Wisconsin·Decided July 7, 2010·No. No. 2009AP1822-CR·Published

Opinion

HOOVER, PJ.

¶ 1. Wendy Brown was found not guilty by reason of mental disease or defect of one charge of identity theft. She appeals a commitment order to institutional care and an order denying her motion for postcommitment relief. Brown argues the State presented insufficient evidence of a significant risk of "serious property damage" under Wis. Stat. § 971.17(3)(a). She contends serious property damage requires physical harm to an object. We disagree and affirm.

[244]*244BACKGROUND

¶ 2. Brown, age thirty-three, used her fifteen-year-old daughter's birth certificate and social security number to enroll as a student at Ashwaubenon High School. She participated in cheerleading activities and attended one day of classes. Brown told police "she wanted to get her high school [diploma] and be a cheerleader because she had no childhood and was trying to regain a part of her life she missed." Pursuant to a plea agreement, Brown was found not guilty by reason of mental disease or defect of one charge of identity theft contrary to Wis. Stat. § 943.20l(2)(a).1

¶ 3. Dr. Ralph Baker examined Brown and reviewed written records. His report noted Brown had numerous prior convictions for forgery, burglary, theft, and theft by deception; abused cocaine, marijuana, and alcohol; and had previously been institutionalized in mental hospitals. Baker diagnosed Brown with bipolar II disorder, posttraumatic stress disorder, borderline personality disorder, avoidant personality disorder, and paranoid personality disorder, and opined Brown's fantasy of finishing high school and becoming a cheerleader became a delusion. Baker concluded Brown needed long-term treatment in a structured setting to address her nineteen-year history of forgery, burglary, and theft.

¶ 4. Matt Petersen, a Lutheran Social Services case manager, prepared a predisposition investigation report, relying primarily on an interview with Brown [245]*245and his review of Baker's report. Peterson's report recommended institutional care, citing Brown's current lack of a psychiatric doctor, therapist, and AODA counselor.

¶ 5. The circuit court committed Brown to three years' institutional care, concluding conditional release would pose a significant risk of serious property damage because of her extensive history of financial and property crimes.2 The court rejected Brown's argument that "serious property damage" only includes physical injury to, or destruction of, an object. Brown renewed her argument in a postcommitment motion, which the court denied.

DISCUSSION

¶ 6. Although Brown describes her argument as a challenge to the sufficiency of the evidence, we are presented only with a question of statutory interpretation. The State does not argue the court's order for institutional care would be valid under the facts of this case if we were to adopt Brown's interpretation of Wis. Stat. § 971.17(3)(a). Similarly, Brown does not challenge the sufficiency of the evidence should we reject her interpretation.

¶ 7. Statutory interpretation presents a question of law that we decide without deference to the trial court's decision. State v. Reed, 2005 WI 53, ¶ 13, 280 Wis. 2d 68, 695 N.W.2d 315.

The purpose of statutory interpretation is to determine what a statute means in order to give the statute its [246]*246full, proper, and intended effect. We begin with the statute's language because we assume that the legislature's intent is expressed in the words it used. Generally, language is given its common, ordinary, and accepted meaning. In addition, statutory language is interpreted in the context in which it is used, in relation to the language of surrounding or closely related statutes, and interpreted to avoid absurd or unreasonable results.
If the meaning is plain, we ordinarily stop the inquiry. However, if a statute is ambiguous, we examine extrinsic sources, such as legislative history, to ascertain the legislative intent. A statute is ambiguous if the statute's ability to support two reasonable constructions creates an ambiguity which cannot be resolved through the language of the statute itself.

Orion Flight Servs., Inc. v. Basler Flight Serv., 2006 WI 51, ¶¶ 16-17, 290 Wis. 2d 421, 714 N.W.2d 130 (punctuation and citations omitted). Further, the common and approved meaning of words may be ascertained by reference to a recognized dictionary. State v. Mattes, 175 Wis. 2d 572, 578, 499 N.W.2d 711 (Ct. App. 1993); see also Wis. Stat. § 990.01(1).

¶ 8. Wisconsin Stat. § 971.17(3)(a) provides, in relevant part:

An order for commitment under this section shall specify either institutional care or conditional release. The court shall order institutional care if it finds by clear and convincing evidence that conditional release of the person would pose a significant risk of bodily harm to himself or herself or to others or of serious property damage. If the court does not make this finding, it shall order conditional release.

[247]*247¶ 9. Brown argues "serious property damage" requires physical injury or destruction of a significant nature. She asserts that in ordinary usage, a vehicle collision or house fire would be described as resulting in serious property damage, whereas a theft of money or valuable items would ordinarily not be described by such terms. She also objects to individual consideration of the three words' meaning, arguing this improperly excludes the context in which the language is used.

¶ 10. While we agree the statute's language must be considered in context, we reject Brown's assertion that we cannot consider the ordinary meaning of individual words when ascertaining the meaning of a phrase. Further, we consider "property damage" to be the critical language; "serious" merely describes the level, as opposed to the type, of harm. The level of harm necessary to satisfy the statutory standard is not disputed in this case.

¶ 11. Thus, we begin our analysis by reviewing the dictionary definitions of the terms property and damage.3 As relevant, property is defined as:

a. something that is or may be owned or possessed; wealth, goods... b. the exclusive right to possess, enjoy, and dispose of a thing; a valuable right or interest primarily a source or element of wealth; ownership .... c. something to which a person has a legal title; an estate in tangible assets (as lands, goods, money) or intangible rights (as copyrights, patents) in which or to which a person has a right protected by law[.] (Punctuation altered.)

[248]*248¶ 12.

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State v. Brown, 2010 WI App 113, 789 N.W.2d 102, 328 Wis. 2d 241, 2010 Wisc. App. LEXIS 504 (Wis. Ct. App. 2010).

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Related

State v. Reed
2005 WI 53 (Wisconsin Supreme Court, 2005)
State v. Mattes
499 N.W.2d 711 (Court of Appeals of Wisconsin, 1993)
Orion Flight Services, Inc. v. Basler Flight Service
2006 WI 51 (Wisconsin Supreme Court, 2006)