State v. Christian

47 P.3d 666, 202 Ariz. 462
CourtCourt of Appeals of Arizona
DecidedJune 18, 2002
Docket1 CA-CR 00-0654
StatusPublished
Cited by8 cases

This text of 47 P.3d 666 (State v. Christian) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Christian, 47 P.3d 666, 202 Ariz. 462 (Ark. Ct. App. 2002).

Opinions

[463]*463OPINION

THOMPSON, Judge.

¶ 1 The State of Arizona appeals the sentence imposed on James Earl Christian (defendant) for defendant’s conviction for theft of a means of transportation. The state contends that the trial court erroneously concluded that a prior drug possession conviction under Arizona Revised Statutes (A.R.S.) § 13-901.01 (2001), which is the partial codification of the initiative popularly known as Proposition 200, could not constitute a historical prior felony conviction under A.R.S. § 13-604(V)(1)(2001) for purposes of sentence enhancement.1 The state asserts that the sentence imposed was therefore illegally lenient. Because we conclude that a conviction under Proposition 200 for narcotics possession under the threshold amount can be a historical prior felony conviction, we vacate defendant’s sentence and remand for resentencing.

FACTS

¶ 2 Defendant was convicted of theft of a means of transportation, a class three felony. The state alleged and defendant admitted two prior convictions — one for theft committed on June 30, 1995, and the other for possession of a narcotic drug, a class four felony, committed on March 19, 1999. The 1999 conviction was a Proposition 200 offense.2 The state also alleged, and the court found, that defendant committed the instant offense while on probation for the drug offense.

¶ 3 Defendant argued that A.R.S. § 13-604(V)(1) excludes from the definition of historical prior felony convictions a Proposition 200 conviction involving drugs below the threshold amount. See A.R.S. § 13-3401(36X2001). Consequently, according to defendant, his prior drug offense could not be used to enhance his sentence on this conviction. Over the state’s objection, the trial court agreed.

¶ 4 Because defendant committed the instant offense while on probation for the drug offense, the trial court was required to sentence defendant to a presumptive term under A.R.S. § 13-604.02(B)(2001). The court expressed concern that the presumptive sentence for controlling a vehicle enhanced by two historical prior convictions would be “harsh” at 11.25 years in prison. The court concluded that, under the circumstances, enhancing defendant’s sentence with the prior Proposition 200 offense would be contrary to the intent of the law. Thus, the court found just one historical prior felony conviction and sentenced defendant to a presumptive term of six and one-half years in prison. The sentence for a class three felony with two historical felonies would have been 11.25 years. The state timely appealed, the sentence imposed and we have jurisdiction.

DISCUSSION

¶ 5 To determine whether a drug conviction is a historical prior felony will require the interpretation of A.R.S. §§ 13-901.01 and 13-604(V)(1). Statutory construction is a question of law, which we review de novo. Zamora v. Reinstein, 185 Ariz. 272, 275, 915 P.2d 1227, 1230 (1996). Our goal in interpreting statutes is to give effect to the intent of the drafters. Id, To that end, we look first to the plain language of the stat[464]*464utes as the most reliable indicator of the meaning. State v. Williams, 175 Ariz. 98, 100, 854 P.2d 131, 133 (1993). If the language is clear, we must follow the text as written, without employing other rules of statutory construction. State v. Riggs, 189 Ariz. 327, 333, 942 P.2d 1159, 1165 (1997).

¶ 6 The state correctly asserts that nothing in the language of A.R.S. § 13-901.01 precludes a conviction under that section from being used as a historical prior felony conviction to enhance punishment of a subsequent offense under A.R.S. § 13-604(V)(1). The state also asserts that A.R.S. § 13-604(V)(1) contains no language that excludes convictions under A.R.S. § 13-901.01 from use as historical prior felony convictions and that the language of the statute, in fact, includes such felonies if committed within the preceding five years. See A.R.S. § 13-604(V)(l)(c).

¶ 7 Section 13-901.01 provides that a trial court must suspend sentence and impose probation and treatment for any first or second drug possession offense.3 A.R.S. § 13-901.01(A), (D), (F). The statute precludes from its benefits those who have been convicted of or indicted for a violent crime and those who have two prior drug offenses. A.R.S. § 13-901.01(B), (G); see Goddard v. Superior Court, 191 Ariz. 402, 405, ¶ 14, 956 P.2d 529, 532 (App.1998).

¶ 8 Although A.R.S. § 13-901.01 addresses the effect of a person’s prior convictions on that person’s eligibility for the benefits of the statute, it is silent as to whether a conviction pursuant to the statute can be used to enhance punishment for a subsequent conviction for a different offense. Defendant argues that the drafters could not logically have intended to mandate probation for first and second convictions for personal drug use, but allow those convictions to be used to enhance punishment for subsequent offenses. Nothing in the statute, however, supports defendant’s position. The statute is unambiguous on this point. We find no language in A.R.S. § 13-901.01, and defendant has directed us to none, that suggests that a conviction for a first or second personal drug use offense under that statute is to be treated any differently than a prior conviction for any other offense for enhancement purposes under A.R.S. § 13-604(V)(1).

¶ 9 Section 13-604(V)(1) defines “historical prior felony conviction” for sentence enhancement purposes. The statute states, in pertinent part:

[465]*465V. As used in this section:
1.

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State v. Christian
47 P.3d 666 (Court of Appeals of Arizona, 2002)

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Bluebook (online)
47 P.3d 666, 202 Ariz. 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-christian-arizctapp-2002.