State v. Hoppe

2014 WI App 51, 847 N.W.2d 869, 354 Wis. 2d 219, 2014 WL 1584463, 2014 Wisc. App. LEXIS 326
CourtCourt of Appeals of Wisconsin
DecidedApril 22, 2014
DocketNo. 2013AP1457-CR
StatusPublished
Cited by1 cases

This text of 2014 WI App 51 (State v. Hoppe) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hoppe, 2014 WI App 51, 847 N.W.2d 869, 354 Wis. 2d 219, 2014 WL 1584463, 2014 Wisc. App. LEXIS 326 (Wis. Ct. App. 2014).

Opinion

HOOVER, PJ.

¶ 1. Jack Hoppe appeals a judgment of conviction for seventh-offense operating while intoxicated, and an order denying his postconviction motion. Hoppe argues the court exceeded its authority by prohibiting Hoppe from driving a motor vehicle as a condition of extended supervision. Hoppe contends the [222]*222court could not permissibly exceed the statutory duration limit on revoking operating privileges. We agree, and reverse the order and that part of the judgment prohibiting Hoppe from driving as a condition of extended supervision.

BACKGROUND

¶ 2. Hoppe was convicted of seventh-offense OWL In November 2012, the circuit court sentenced him to nine years' imprisonment, split evenly between initial confinement and extended supervision. However, because the sentence was ordered to be served consecutive to prior sentences, Hoppe's extended supervision date is in June 2017, and his maximum discharge date is in June 2026.1 Unless revoked, Hoppe will serve a nine-year term of extended supervision.

¶ 3. At sentencing, the court also granted the State's request to revoke Hoppe's motor vehicle operating privileges for the maximum three years permitted by Wis. Stat. § 343.30(lq)(b)4.,2 which revocation effectively commences upon release from confinement. See Wis. Stat. § 343.30(lq)(b)5., (lr). Additionally, the court ordered a condition of extended supervision prohibiting Hoppe from operating a motor vehicle.

[223]*223¶ 4. Hoppe filed a postconviction motion asking the court to remove the condition prohibiting him from operating a motor vehicle while on extended supervision. Hoppe argued that, in accordance with Wis. Stat. §§ 343.30(lq)(a), (b)4. and 343.30(5),3 the court did not possess the authority to prohibit him from operating a vehicle as a condition of his extended supervision. The court denied Hoppe's motion, explaining the driving prohibition was a reasonable condition designed to protect the public. The court further reasoned the prohibition did not conflict with chapter 343 because the condition did not prohibit Hoppe from obtaining or retaining an operator's license; rather, the condition only precluded him from operating a vehicle. Hoppe now appeals.

DISCUSSION

¶ 5. Hoppe contends the circuit court lacked authority to order a condition of supervision prohibiting him from operating a motor vehicle. Specifically, he argues a court's broad authority to fashion appropriate conditions of extended supervision is limited by the Wis. Stat. § 343.30 provisions concerning suspension and revocation of operating privileges by the courts.4

¶ 6. Interpretation and application of statutes to undisputed facts present questions of law subject to de [224]*224novo review. McNeil v. Hansen, 2007 WI 56, ¶ 7, 300 Wis. 2d 358, 731 N.W.2d 273. "[Statutory interpretation begins with the language of the statute." State ex rel. Kalal v. Circuit Court for Dane Cnty., 2004 WI 58, ¶ 45, 271 Wis. 2d 633, 681 N.W.2d 110 (citation omitted). "Statutory language is given its common, ordinary, and accepted meaning except that technical or specially-defined words or phrases are given their technical or special definitional meaning." Id. Statutes must be interpreted in context, and reasonably, to avoid absurd results. Id., ¶ 46. Further, a court must seek to avoid surplusage and give effect to every word in the statute. Id. "Where statutory language is unambiguous, there is no need to consult extrinsic sources of interpretation, such as legislative history." Id.

¶ 7. "[T]he court may impose conditions upon the term of extended supervision." Wis. Stat. § 973.01(5). Under this authority, the court has " 'broad, undefined discretion'" to impose any reasonable, appropriate, and legally correct condition. State v. Galvan, 2007 WI App 173, ¶¶ 8, 10, 304 Wis. 2d 466, 736 N.W.2d 890 (citations omitted). The conditions must further the goals of extended supervision, i.e., the defendant's rehabilitation and protection of the public. State v. Agosto, 2008 WI App 149, ¶ 12, 314 Wis. 2d 385, 760 N.W.2d 415. Here, there is no dispute that the condition prohibiting Hoppe from operating a vehicle was reasonable, appropriate, and designed to protect the public.

¶ 8. Nonetheless, a sentencing court cannot impose what might otherwise be a reasonable and appropriate condition of supervision, if doing so would conflict with another statutory provision. See State v. Larson, 2003 WI App 235, ¶ 6, 268 Wis. 2d 162, 672 [225]*225N.W.2d 322. Indeed, supervision conditions have been invalidated in numerous instances where there was merely an implicit conflict. See State v. Martel, 2003 WI 70, 262 Wis. 2d 483, 664 N.W.2d 69 (sex offender registration statute that permitted court to order registration when a defendant was convicted of certain offenses implicitly prevented the court from ordering registration for unspecified offenses or for read-in offenses); State v. Oakley, 2000 WI 37, 234 Wis. 2d 528, 609 N.W.2d 786 (where defendant faced a ten-year sentence upon probation revocation, the "fine" statute that permitted only a six-month commitment for nonpayment implicitly prevented the court from conditioning probation on payment of an unpaid fine from a previous case); Larson, 268 Wis. 2d 162 (statutes creating the bifurcated sentencing scheme and distinguishing between confinement and supervision implicitly prevented the court from ordering incarceration as condition of extended supervision); State v. Torpen, 2001 WI App 273, 248 Wis. 2d 951, 637 N.W.2d 481 (probation and restitution statutes limiting restitution to victims of the offense considered at sentencing implicitly prevented the court from conditioning probation on payment of restitution from unrelated cases); State v. Cetnarowski, 166 Wis. 2d 700, 480 N.W.2d 790 (Ct. App. 1992) (bail and restitution statutes authorizing application of posted bail to fines and costs implicitly prevented a condition requiring application of bail to restitution); State v. Peterson, 163 Wis. 2d 800, 472 N.W.2d 571 (Ct. App. 1991) (the "costs" statute authorizing assessment of costs against defendant for certain prosecution disbursements implicitly prevented the court from ordering defendant to reimburse the county for general law enforcement expenses not specified); State v. Amato, 126 Wis. 2d 212, 376 N.W.2d 75 (Ct. App. [226]*2261985) (the "costs" statute authorizing assessment of certain costs implicitly prevented the court from ordering defendant to reimburse the county for special prosecutor fees not specified). We must therefore determine whether the condition prohibiting Hoppe from driving conflicts with other statutory provisions.

¶ 9. The parties' dispute centers on the following provisions. "If a person is convicted [of OWI] under s.

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Bluebook (online)
2014 WI App 51, 847 N.W.2d 869, 354 Wis. 2d 219, 2014 WL 1584463, 2014 Wisc. App. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hoppe-wisctapp-2014.