State v. Guzman-Juarez

591 N.W.2d 1, 1999 Iowa Sup. LEXIS 53, 1999 WL 160025
CourtSupreme Court of Iowa
DecidedMarch 24, 1999
Docket98-535
StatusPublished
Cited by41 cases

This text of 591 N.W.2d 1 (State v. Guzman-Juarez) 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. Guzman-Juarez, 591 N.W.2d 1, 1999 Iowa Sup. LEXIS 53, 1999 WL 160025 (iowa 1999).

Opinion

TERNUS, Justice.

The defendant, Jesus Guzman-Juarez, pleaded guilty to first-offense operating while intoxicated. See Iowa Code § 321J.2(l)(b) *2 (1997). At his sentencing hearing, he requested a deferred judgment. The district court concluded that the defendant was not eligible for a deferred judgment because his intoxilyzer test had shown an alcohol concentration of .154, and Iowa law prohibited the court from granting a deferred judgment to a defendant testing above .15. See Iowa Code § 321J.2(3)(a)(l) (Supp.1997). The court sentenced the defendant to a two-day jail term, imposed a fine plus surcharge, ordered a substance abuse evaluation, and ordered the completion of a drinking drivers course. The defendant appeals. We affirm.

I. Issue on Appeal.

The defendant claims that the trial court should have considered the margin of error stated in the intoxilyzer certification in determining his alcohol concentration. When the intoxilyzer’s margin of error is subtracted from the test results of .154, the defendant’s alcohol concentration does not exceed .15, thereby making him eligible for a deferred judgment. 1 The district court held that section 321J.2(3)(a)(l) did not provide for test results to be reduced by the testing instrument’s margin of error, and therefore, the defendant’s test results of .154 rendered him ineligible for the desired disposition. We review the court’s interpretation of section 321J.2(3)(a)(l) for correction of errors of law. See State v. Francois, 577 N.W.2d 417, 417 (Iowa 1998).

II. Interpretation of Section 821J.2(3) (a)(1).

Prior to the defendant’s arrest and sentencing, the legislature enacted a law that prohibited deferred judgments for certain defendants. See 1997 Iowa Acts ch. 177, § 4 (codified at Iowa Code § 321J.2(3)(a)(l) (Supp.1997)). This statute states in pertinent part:

[T]he court shall not defer judgment or sentencing ... if any of the following apply:
(1) If the defendant’s alcohol concentration established by the results of an analysis of a specimen of the defendant’s blood, breath, or urine withdrawn in accordance with this chapter exceeds .15.

Iowa Code § 321J.2(3)(a)(l) (Supp.1997). Clearly, the statute does not instruct the court to apply a margin of error in determining the alcohol concentration established by the test. The defendant argues, however, that he should be given the benefit of the doubt. In fact, at the sentencing hearing, the State did not contest the defendant’s interpretation of the statute. The county attorney pointed out that the Iowa Department of Transportation (DOT) routinely reduces an individual’s test results by the testing instrument’s margin of error in determining whether that person has exceeded the .10 legal limit. See Iowa Code § 321J.2(l)(b) (1997) (making it a crime to operate a motor vehicle with an alcohol concentration of .10 or more).

In construing statutes, we search for the legislature’s intent as evidenced by what the legislature said, rather than what it might have said. See Krull v. Thermogas Co., 522 N.W.2d 607, 612 (Iowa 1994). In addition, “[w]hen the text of a statute is plain and its meaning clear, the court should not search for a meaning beyond the express terms of the statute.” Henriksen v. Younglove Constr., 540 N.W.2d 254, 258 (Iowa 1995). Applying these rules here, we must conclude that the legislature made no provision that the test results could or should be reduced by the margin of error. The statute is absolute in its terms; it focuses on “the results of an analysis,” not the results as modified by the margin of error. To adopt the defendant’s interpretation of this statute would require us to read something into the law that is not apparent from the words chosen by the legislature. This we cannot do. See Kelly v. Brewer, 239 N.W.2d 109, 115 (Iowa 1976) (holding the court “may not add its own unwarranted words of qualification” to a statute).

The defendant places great reliance on an amendment to section 321J.2(3)(a)(l) *3 that was enacted shortly after he filed his notice of appeal in this ease. During the 1998 legislative session, the General Assembly amended section 321J.2(3)(a)(l) to expressly state that the margin of error was not to be subtracted from the test results when considering a defendant’s eligibility for a deferred judgment. See 1998 Iowa Acts ch. 1138, § 3. 2 The defendant now asserts that this amendment is a change in the law and, thus, is evidence that at the time of his sentencing, the applicable law allowed for the requested correction for the margin of error. On appeal, the State argues that the amendment merely clarified the legislature’s intent when it enacted the original statute in 1997.

Initially, we question the propriety of even considering the subsequent history of this law when the statute as originally enacted is not ambiguous. See Iowa Code § 4.6(4) (stating that “[i]f a statute is ambiguous,” the court may consider former statutory provisions (emphasis added)); State v. Ahitow, 544 N.W.2d 270, 272 (Iowa 1996) (stating that former and more recent versions of a statute may be considered in “determining the intention of the legislature when it uses an ambiguous term” (emphasis added)); Henriksen, 540 N.W.2d at 258 (stating that when meaning of statute is clear, court should not resort to rules of construction). Certainly, any subsequent legislation would be ineffective to retroactively change the law governing an adjudicated case. See State ex rel. Lankford v. Mundie, 508 N.W.2d 462, 463 (Iowa 1993). Notwithstanding the questionable necessity of considering the subsequent statutory history, we have factored it into our analysis and conclude the result is the same.

An amendment to a statute does not necessarily indicate a change in the law.

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Bluebook (online)
591 N.W.2d 1, 1999 Iowa Sup. LEXIS 53, 1999 WL 160025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-guzman-juarez-iowa-1999.