State v. Mason

980 S.W.2d 635, 1998 Tex. Crim. App. LEXIS 145, 1998 WL 751134
CourtCourt of Criminal Appeals of Texas
DecidedOctober 28, 1998
Docket1300-97
StatusPublished
Cited by120 cases

This text of 980 S.W.2d 635 (State v. Mason) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mason, 980 S.W.2d 635, 1998 Tex. Crim. App. LEXIS 145, 1998 WL 751134 (Tex. 1998).

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

HOLLAND, Judge,

delivered the opinion of the Court in which

McCORMICK, Presiding Judge, and MANSFIELD and PRICE, Judges, joined.

The State indicted appellee with unlawful possession of a firearm by a felon, pursuant to § 46.04 of the Penal Code. The trial court granted appellee’s motion to quash the indictment, ruling the prosecution was controlled by former § 46.05 of the Penal Code. The State appealed, alleging the trial court abused its discretion because prosecution of this offense is controlled by § 46.041 The [637]*637Fourteenth Court of Appeals concluded the prosecution is controlled by former § 46.05, not the newly enacted § 46.04. State v. Mason, No. 14-97-00189-CK, 1997 WL 528912 (Tex.App. — Houston [14 Dist.] August 28, 1997)(not designated for publication). The State sought discretionary review of this decision. This Court reverses the decision of the Court of Appeals.

The State’s indictment alleged that appel-lee,

“On or about September 6, 1996, did then and there unlawfully, intentionally, and knowingly possess at a location other than the premises where he lived at the time a firearm, and prior to the possession of said firearm the Defendant had been finally convicted of a felony, namely, Burglary of a Motor Vehicle, in the 184th District Court of Harris County, Texas, in Cause Number 592725 on July 10,1991.”

On January 21, 1997, the trial court heard arguments on appellee’s motion to quash the above indictment. In his motion to quash appellee stated the indictment was defective because it failed to allege that the prior felony conviction involved violence or the threat of violence as required under § 46.05. Appellee contended that § 46.05 controlled because the State had to prove the date of the prior felony conviction causing that conviction to be an element of the offense essential to the crime charged. Because that date preceded the September 1, 1994 effective date for § 46.04, appellee argued § 46.05 controlled.

At the pre-trial hearing, the State contended the date of the prior felony conviction is not the element of the crime. The State argued at the hearing “the unforbidden [sic ] conduct, which is how the element is defined, is the fact that he is a prior felon.” On that basis the State urged the trial court not to grant the motion to quash the indictment. The trial court ruled in favor of appellee and quashed the indictment on the ground that the prior conviction did not involve violence or the threat of violence. The State appealed the trial court’s ruling. Tex.Code Crim. Proc. Ann. art. 44.01(a)(1).

The State argued before the Court of Appeals that “appellee’s 1991 felony conviction is not an element of the offense; rather appellee’s having a prior felony conviction is simply an historical fact which elevates ap-pellee to the necessary ‘status’ required for the prosecution of an ‘unlawful possession of a firearm by felon’ offense.” The State recognized that the Tenth Court of Appeals in Burleson v. State, 935 S.W.2d 526, 528 (Tex.App. — Waco 1996, no pet.) held that the prior felony conviction was an element of the unlawful possession of a firearm by a felon offense, and § 46.05 controlled because the prior felony occurred before the effective date of § 46.04. The State contended, however, that this conclusion was in error.

The State based its argument on the statutory definition of ‘element of an offense’. Tex. Pen.Code Ann. § 1.07(a)(22). The State asserted the phrase “who has been convicted of a felony” does not fit within the statutory definition of ‘element of an offense’. The State argued appellee’s status as a felon was nothing more than a circumstance surrounding the criminal conduct which only defined the class of individuals who are subject to prosecution. The Fourteenth Court of Appeals disagreed.

The Court of Appeals reasoned that “the otherwise innocent behavior of possession of a firearm by a felon becomes criminal because of the circumstances under which the firearm is possessed, namely, by a felon outside the parameters of location and time set by the Legislature. Under this analysis, a felony conviction forms an essential element of the forbidden conduct under either the new or prior penal code.” State v. Mason, slip op. at 4. The Court of Appeals states “felony status as well as the date of the conviction and the anniversary of the person’s release from confinement, community supervision, parole, or mandatory supervision following conviction form part of the conduct element of the offense.” Mason, id. at 5. We [638]*638disagree with the Court of Appeals’ conclusion that appellee’s status as a convicted felon and the date upon which he was convicted are both elements of the offense of possession of a firearm by a felon. We conclude the Court of Appeals erroneously interpreted the language of § 46.04.

This Court and the other appellate courts of this state have the duty to interpret the laws enacted by our State Legislature. Tex. Const, art. II, § 1; and Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App.1991). To carry out this duty, this Court must attempt to discern the collective intent or purpose of the legislators who enacted the legislation. “We necessarily focus our attention on the literal text of the statute in question and attempt to discern the fair, objective meaning of that text at the time of its enactment.” When reviewing the literal text of the statute, this Court will read the words and phrases of the statute in context and construe them “according to the rules of grammar and common usage.” Tex. Gov’t.Code Ann. § 311.011(a). When the meaning of the text of a statute should have been plain to the legislators who voted on it, “we ordinarily give effect to that meaning.” Boykin v. State, 818 S.W.2d at 785. “Where the statute is clear and unambiguous, the Legislature must be understood to mean what it has expressed, and it is not for the courts to add or subtract from such a statute.” Coit v. State, 808 S.W.2d 473, 475 (Tex.Crim.App.1991); and cases cited therein.

This Court recognized one exception to the “plain meaning rule.” When the application of a statute’s plain language would lead to absurd consequences that the Legislature could not possibly have intended, we should not apply the language literally. Boy-kin v. State, 818 S.W.2d at 785; and cases cited therein. ‘When used in the proper manner, this narrow exception to the plain meaning rule does not intrude on the lawmaking powers of the legislative branch, but rather demonstrates respect for that branch, which we assume would not act in an absurd way. Id.

An inquiry into the intent of the legislators who passed a statute is, at best, a secondary resource for interpreting that statute. “If the plain language of a statute would lead to absurd results, or if the language is not plain but rather ambiguous, then and only then, out of absolute necessity, is it constitutionally permissible for a court to consider, in arriving at a sensible interpretation, such extra textual factors as executive or administrative interpretations of the statute or legislative history.” Boykin v. State, 818 S.W.2d at 785-786.

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Bluebook (online)
980 S.W.2d 635, 1998 Tex. Crim. App. LEXIS 145, 1998 WL 751134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mason-texcrimapp-1998.