State v. Gleason

431 N.W.2d 363, 1988 Iowa Sup. LEXIS 328, 1988 WL 124279
CourtSupreme Court of Iowa
DecidedNovember 23, 1988
Docket87-1490
StatusPublished
Cited by3 cases

This text of 431 N.W.2d 363 (State v. Gleason) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gleason, 431 N.W.2d 363, 1988 Iowa Sup. LEXIS 328, 1988 WL 124279 (iowa 1988).

Opinions

PER CURIAM.

This appeal by defendant, Steven Eugene Gleason, of his conviction of unlawful flight to avoid prosecution for the crime of second-degree theft raises two issues: (1) whether the State was required to prove, as an element of the offense, that a prosecution had commenced before Gleason fled Iowa, and (2) whether the trial court erred in its jury instructions on the elements of the offense and the definition of “prosecution.” We affirm.

In January 1986 Patricia Schuler, who was living with Gleason, reported to the Waterloo, Iowa police that he had assaulted her and that he had been involved in a number of recent thefts. The police then obtained a search warrant for Gleason’s residence, but before they could execute it on January 10, they received a call from Gleason. In the course of this conversation, Gleason was advised the search warrant had been issued and was requested to meet the officers at his residence so it could be served on him. He agreed to meet them there. When Gleason had not arrived at the residence within an hour, the officers served the search warrant on his father, who owned the house. While the officers were conducting the search, Gleason telephoned the residence. He was again requested to meet the officers there, but he declined to do so, stating he would come to the police station the next day, a Saturday. The officers then informed him he should wait until the beginning of the next week, as the investigating officers would not be in on the weekend.

Saturday morning, January 11, 1986, Gleason telephoned the police station to ascertain whether a warrant had been issued for his arrest. He was informed a warrant had not yet been issued, but that he would probably be arrested when he came to the police station. Gleason then indicated he would wait until Monday morning to turn himself in, since he did not want to spend the weekend in jail. In [364]*364truth, Gleason left for Colorado that weekend. A warrant for his arrest was ultimately issued on January 29, 1986. Gleason was apprehended in Arvada, Colorado on May 17, 1986.

Gleason was thereafter convicted of violating Iowa Code section 719.4(4) (1985), which provides:

A person who flees from the state to avoid prosecution for a public offense which is a felony or aggravated misdemeanor commits a class “D” felony.

Gleason, noting chapter 719 does not provide a definition for the term “prosecution,” asserts the general definition found in section 801.4(12) applies. This section provides:

“Prosecution ” means the commencement, including the filing of a complaint, and continuance of a criminal proceeding, and pursuit of that proceeding to final judgment on behalf of the state or other political subdivision.

Iowa Code § 801.4(12) (1985). It is Gleason’s contention that application of this definition to section 719.4(4) requires the State to prove, as an element of unlawful flight to avoid prosecution, that a prosecution of the underlying offense had commenced by the time the defendant left Iowa.

Our ultimate goal in interpreting statutory language is to ascertain and give effect to the intention of the legislature. State v. Whetstine, 315 N.W.2d 758, 760 (Iowa 1982); State v. Conner, 292 N.W.2d 682, 684 (Iowa 1980). When construing a statute, we look to the object to be accomplished, the evils sought to be remedied, or the purpose to be subserved, and place on it a reasonable construction which will best effect its purpose rather than one which will defeat it. State v. Foster, 356 N.W.2d 548, 550 (Iowa 1984). In doing so, when the statute is penal, we resolve doubts in favor of the accused. State v. Burtlow, 299 N.W.2d 665, 669 (Iowa 1980); State v. Davis, 271 N.W.2d 693, 695 (Iowa 1978).

Although we agree the definition of “prosecution” in section 801.4(12) applies to section 719.4(4), we are not persuaded its application has the effect Gleason suggests. In our view, it is quite possible to avoid “the commencement ... and continuance of a criminal proceeding” (to use the language of section 801.4(12)) before the filing of a criminal complaint. See Yeager and Carlson, 4 Iowa Practice: Criminal Law and Procedure, § 429 at 110 (1979) (section 719.4(4) “is concerned with the activities of persons who may not have been charged with an offense”). But see Dunahoo, The New Iowa Criminal Code: Part II, 29 Drake L.Rev. 491, 610 (1979-80) (strict interpretation of section 719.4(4) in light of section 801.4(12) “means that a person who commits a felony or an aggravated misdemeanor will not violate this section if he flees before commencement of the prosecution against him”). Gleason’s contention to the contrary appears to ignore the context in which the term “prosecution” is employed in section 719.4(4).

The words used in a statute should be given their ordinary meaning, absent a legislative definition or a particular and appropriate meaning in law. State v. Bessenecker, 404 N.W.2d 134, 136 (Iowa 1987); State v. Bartusek, 383 N.W.2d 582, 583 (Iowa 1986). The statute prohibits an otherwise lawful act, leaving the state, when that act is performed for an unlawful purpose, to avoid prosecution. See State v. Miller, 76 N.M. 62, 66-67, 412 P.2d 240, 243 (1966) (under federal unlawful flight statute entirely legal interstate travel only becomes criminal when combined with intent to avoid prosecution). The common, ordinary meaning of the words “to avoid,” when used in this manner, is “to prevent the occurrence or effectiveness of.” Webster’s Third New International Dictionary 151 (1971); see also American Heritage Dictionary 145 (2d College ed. 1982) (“to keep away from” or “to keep from happening”). Thus, one form of unlawful flight would be that which was to prevent even the occurrence of prosecution. By definition, this type of flight would occur in the absence of any previously filed criminal complaint.

Identical language in the federal unlawful flight statute has been similarly construed: “The words ‘to avoid prosecution’ mean ‘to avoid being prosecuted.’ The statute does not say ‘to avoid a pending [365]*365prosecution.’ ” United States v. Bando, 244 F.2d 833, 843 (2d Cir.1957). Thus, the scope of the federal statute is not limited to cases where the offender’s crossing of the state border is delayed until after the offended state has commenced a prosecution. Lupino v. United States, 268 F.2d 799, 801 (8th Cir.1959); Bando, 244 F.2d at 843; Miller, 76 N.M. at 66-67, 412 P.2d at 243.

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431 N.W.2d 363, 1988 Iowa Sup. LEXIS 328, 1988 WL 124279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gleason-iowa-1988.