State v. Retzlaff

807 N.W.2d 437, 2011 Minn. App. LEXIS 137, 2011 WL 5829083
CourtCourt of Appeals of Minnesota
DecidedNovember 21, 2011
DocketNo. A10-2202
StatusPublished
Cited by4 cases

This text of 807 N.W.2d 437 (State v. Retzlaff) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Retzlaff, 807 N.W.2d 437, 2011 Minn. App. LEXIS 137, 2011 WL 5829083 (Mich. Ct. App. 2011).

Opinion

OPINION

ROSS, Judge.

This appeal requires us to decide whether a repeat drunk driver may avoid conviction as a first-degree offender on what-as he put it-might be “a simple loophole” in the impaired-driving law. In 2006 the legislature bolstered the impaired-driving law so that a person commits first-degree driving while impaired by driving drunk with a previous conviction for substantially injuring another person while driving impaired. Jerry Retzlaff was convicted of criminal vehicular operation in 2000 for substantially injuring another person while driving impaired, and he was charged with drunk driving again in 2009. Between the law’s 2006 bolstering and Retzlaff s 2009 violation, the legislature reorganized the criminal-vehicular-operation statute and amended the enhancement provision to track its new numbering. In doing so, the legisla[438]*438ture continued to treat drunk drivers as first-degree offenders if they, like Retzlaff, had been convicted previously of criminal vehicular operation. But Retzlaff has found a plain-language “loophole”: the enhancement statute as amended in 2007 refers to the renumbered criminal vehicular operation statute but, unlike its 2006 predecessor statute, it fails to refer to the statute as it was numbered back when Retzlaff was convicted in 2000. Because we are convinced that Retzlaffs literal interpretation would utterly confound the statute’s intent, we affirm his conviction of first-degree driving while impaired.

FACTS

The material facts leading to Retzlaffs first-degree DWI conviction are undisputed. In August 2009, Deputy Terry Boltjes stopped a car on 160th Street in Mille Lacs County after it twice crossed the center line. Deputy Boltjes smelled alcoholic beverages on the driver, Jerry Retzlaff, who told him he did not have a driver’s license and admitted that he was intoxicated. The deputy confirmed Retzlaffs admission by field sobriety tests. He arrested Retzlaff for driving while impaired and took him to the county jail. Retzlaff gave a breath sample indicating an alcohol concentration of 0.19. The deputy learned that Retzlaff was convicted in March 2000 of felony criminal vehicular operation and that Retzlaffs driver’s license had been cancelled.

The state charged Retzlaff with two counts of driving while impaired (DWI), both of which constituted first-degree offenses because of his March 2000 conviction of criminal vehicular operation. Arguing that the 2000 conviction could not enhance his DWI offenses to first-degree status because the enhancement provision refers to a statute numbered differently from his prior conviction, Retzlaff moved the district court to dismiss both counts for lack of probable cause. Retzlaff pointed out specifically that he had been convicted of criminal vehicular operation under section 609.21, subdivision 2a, and that section 169A.24 as currently written expressly enhances an offense to a first-degree felony if the driver was previously convicted under section 609.21, subdivision 1. The district court denied Retzlaffs motion to dismiss, and Retzlaff then waived his right to a jury trial and agreed to submit the case to the district court on stipulated facts, preserving his right to appeal the pretrial ruling. See State v. Lothenbach, 296 N.W.2d 854, 857-58 (Minn.1980); Minn. R.Crim. P. 26.01, subd. 4.

The district court found Retzlaff guilty and sentenced him to 42 months in prison. Retzlaff appeals.

ISSUE

Did Retzlaffs conduct constitute first-degree driving while impaired?

ANALYSIS

Retzlaff challenges his convictions, contending that the state failed to provide sufficient evidence to convict him of first-degree DWI. We analyze insufficient evidence claims by determining whether the evidence, viewed most favorably to the conviction, would allow the factfinder to reach the verdict that it did. State v. Hurd, 763 N.W.2d 17, 26 (Minn.2009). The district court’s guilty verdict establishes that it believed that the state proved both elements required to convict Retzlaff of first-degree DWI. See Minn.Stat. § 169A.24, subd. 1 (2008) (listing elements). The first element required that Retzlaff violated the DWI law. See id. This element depended on the state’s evidence that Retzlaff “[drove], operate[d], or [was] in physical control of [a] motor vehi[439]*439cle within this state ... when [he was] under the influence of alcohol.” Minn. Stat. § 169A.20, subd. 1(1) (2008). Retzlaff's appeal does not concern that element. The second element required that Retzlaff had one of several predicate prior offenses. See Minn.Stat. § 169A.24, subd. 1(8). The state was required to prove that Retzlaff “ha[d] previously been convicted of a felony under section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6).” Id., subd. 1(8). Retzlaff's sole contention on appeal focuses on this second element. The district court concluded that Retzlaffs March 2000 conviction satisfies this element even though Retzlaff's prior felony was codified under section 609.21, subdivision 2a, not subdivision 1.

Retzlaff contends that the district court misconstrued and therefore misapplied the second element of the first-degree DWI statute. We review issues of statutory construction de novo. State v. Koenig, 666 N.W.2d 366, 372 (Minn.2003).

Retzlaff directs us to the words of the first-degree DWI statute, and he accurately insists that its list of numbered predicate felony offenses (“section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6)”) does not mention subdivision 2a, the number of the criminal vehicular operation subdivision at the time he was convicted in 2000. Retzlaffs observation is significant because the legislature advises us to look first to the words of its statutes and, provided those words “in their application to an existing situation are clear and free from all ambiguity,” we should enforce them as written rather than search for some hidden meaning. Minn.Stat. § 645.16 (2010).

Although this statutory guidance gives Retzlaffs plain-language argument considerable initial appeal, on rare occasions following the plain words (or in this case, the plain numbers) of a statute might lead us obviously away from, rather than toward, the manifest legislative purpose. The supreme court has cautioned against being so narrowly fixated on a statute’s plain language that we reach a result that contradicts what the law more plainly attempts to accomplish. In State v. Wukawitz, for example, the supreme court indicated that further construction beyond the plain and unambiguous statutory language is necessary if “the plain meaning leads to absurd or unreasonable results that depart from the purpose of the statute.” 662 N.W.2d 517, 525 (Minn.2003). And in Mutual Service Casualty Insurance Company v. League of Minnesota Cities Insurance Trust, it summarized its prior decisions and clarified that “the court could disregard the plain language of a statute only where the legislative purpose was clear and the plain meaning would utterly confound that purpose.” 659 N.W.2d 755, 761-62 (Minn.2003).

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Cite This Page — Counsel Stack

Bluebook (online)
807 N.W.2d 437, 2011 Minn. App. LEXIS 137, 2011 WL 5829083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-retzlaff-minnctapp-2011.