State v. Madden

216 P.3d 644, 147 Idaho 886, 2009 Ida. App. LEXIS 78
CourtIdaho Court of Appeals
DecidedJune 24, 2009
Docket34269
StatusPublished

This text of 216 P.3d 644 (State v. Madden) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Madden, 216 P.3d 644, 147 Idaho 886, 2009 Ida. App. LEXIS 78 (Idaho Ct. App. 2009).

Opinion

GUTIERREZ, Judge.

Tyson E. Madden appeals from his judgment of conviction. Specifically, he appeals from the district court’s order denying his motion to dismiss. We affirm.

I.

BACKGROUND

On May 26, 2006, just before midnight, Idaho State Police Trooper Michael Lininger observed a red pickup truck traveling northbound on Highway 95 without headlights. Trooper Lininger activated his patrol car’s emergency lights, after which the truck swerved across a lane of traffic and into the median. The truck returned to the roadway and sped through several intersections, despite Trooper Lininger activating his siren and using a spotlight on the truck. The truck swerved repeatedly, driving over sidewalks and curbs, before accelerating to 85 and 95 miles per hour. The truck failed to stop at intersections where the red stop-light was activated and other traffic was present, and eventually merged onto Interstate 90, traveling in excess of 110 miles per hour. After crossing into the state of Washington, the truck exited the interstate near Liberty Lake and crashed into a parked vehicle. Officers from the Liberty Lake Police Department had assisted in the pursuit of the truck within Washington, and arrested the driver, Madden, following the crash. Madden admitted to consuming one half gallon of vodka and six beers prior to driving the truck, which was stolen. Madden also admitted that he was aware he was being followed by police vehicles because he saw the emergency lights behind him, but wanted to get to his girlfriend’s house before he stopped. A blood test showed Madden’s blood alcohol content to be 0.21 shortly after the crash.

Madden was charged in Spokane County, Washington, with first degree possession of stolen property and attempt to elude a police vehicle. With respect to the attempt to elude, the information stated,

[t]hat the defendant, Tyson E. Madden, in the State of Washington, on or about May 27, 2006, did willfully fail and refuse to immediately bring his vehicle to a stop and did drive his vehicle in a reckless manner while attempting to elude a pursuing police vehicle after being given a visual or audible signal to bring the vehicle to a stop by a uniformed law enforcement officer with the Liberty Lake Police Department, whose vehicle was equipped with lights and sirens.

Madden entered guilty pleas to both charges on July 14, 2006. During the course of Madden’s criminal case in Washington, charges were also brought against him in Idaho. The first complaint was filed on May 30, 2006, charging Madden with eluding a peace officer, I.C. § 49 — 1404(2)(a), (b), (c), and/or (d). The felony information, filed August 9, 2006, stated,

*888 [t]hat the Defendant, Tyson Eugene Madden, on or about the 26th day of May, 2006, in the County of Kootenai, State of Idaho, did operate a motor vehicle, to-wit: a red 1990 Ford Toyota pickup truck on or about north U.S. Highway 95 near Apple-way Avenue, Coeur d’Alene, Idaho, and willfully eluded and/or attempted to elude a pursuing police vehicle after being given a visual signal and/or audible signal to stop, and drove his vehicle traveling in excess of thirty (30) miles per hour above the posted speed limit, and/or caused damage to the property of another, or bodily injury to another, and/or drove his vehicle in a manner as to endanger or be likely to endanger the property and/or person of another, and/or left the state of Idaho.

Madden filed a motion to dismiss the Idaho eluding charge on October 5, 2006, on the ground that Idaho Code Section 19-315 prohibits the prosecution. “When an act charged as a public offense, is within the venue of another state, territory, or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefore in this state.” I.C. § 19-315. Madden asserted that his conviction in Washington for attempting to elude a police vehicle precluded prosecution in Idaho for eluding a peace officer. The district court denied Madden’s motion, and he entered a conditional guilty plea to eluding a peace officer and operating a motor vehicle while under the influence of alcohol, I.C. § 18-8004. This appeal followed.

II.

DISCUSSION

Madden asserts that the district court erred by denying his motion to dismiss the charge of eluding a peace officer. This Court exercises free review over the application and construction of statutes. State v. Reyes, 139 Idaho 502, 505, 80 P.3d 1103, 1106 (Ct.App.2003). Where the language of a statute is plain and unambiguous, this Court must give effect to the statute as written, without engaging in statutory construction. State v. Rhode, 133 Idaho 459, 462, 988 P.2d 685, 688 (1999); State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999); State v. Escobar, 134 Idaho 387, 389, 3 P.3d 65, 67 (Ct.App.2000). The language of the statute is to be given its plain, obvious, and rational meaning. Burnight, 132 Idaho at 659, 978 P.2d at 219. If the language is clear and unambiguous, there is no occasion for the court to resort to legislative history or rules of statutory interpretation. Escobar, 134 Idaho at 389, 3 P.3d at 67. When this Court must engage in statutory construction, it has the duty to ascertain the legislative intent and give effect to that intent. Rhode, 133 Idaho at 462, 988 P.2d at 688. To ascertain the intent of the legislature, not only must the literal words of the statute be examined, but also the context of those words, the public policy behind the statute, and its legislative history. Id. It is incumbent upon a court to give a statute an interpretation which will not render it a nullity. State v. Beard, 135 Idaho 641, 646, 22 P.3d 116, 121 (Ct.App.2001).

There is a severe paucity of case-law interpreting or applying I.C. § 19-315. This Court recently considered the applicability of the statute where federal charges were brought prior to related state charges. In Cook v. State, 145 Idaho 482, 180 P.3d 521 (Ct.App.2008), Cook moved to set aside his Idaho conviction due to a preceding federal conviction for the same acts. The federal indictment alleged seventeen counts of fraud all relating to victims in Wyoming and Utah. The charges were very specific, listing each victim by name and address, and identifying the transportation of monies between Wyoming and Utah only. Although the recitation of facts in the federal case mentioned related activities in Idaho, none of the federal charges identified an Idaho victim, nor did the passing reference to Idaho crimes suffice for an indictment of activities within the state. Id. at 491, 180 P.3d at 530. Cook’s federal conviction did not cover the same acts as the state charges, and therefore, I.C. § 19-315 did not prevent Cook’s state prosecution for fraudulent activities in Idaho that arose from the same scheme as the federal charges. Id.

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Related

State v. Burnight
978 P.2d 214 (Idaho Supreme Court, 1999)
State v. Rhode
988 P.2d 685 (Idaho Supreme Court, 1999)
People v. Bellacosa
54 Cal. Rptr. 3d 691 (California Court of Appeal, 2007)
State v. Reyes
80 P.3d 1103 (Idaho Court of Appeals, 2003)
State v. Escobar
3 P.3d 65 (Idaho Court of Appeals, 2000)
State v. Beard
22 P.3d 116 (Idaho Court of Appeals, 2001)
Cook v. State
180 P.3d 521 (Idaho Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
216 P.3d 644, 147 Idaho 886, 2009 Ida. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-madden-idahoctapp-2009.