State v. Santos

870 A.2d 1029, 2005 R.I. LEXIS 52, 2005 WL 600011
CourtSupreme Court of Rhode Island
DecidedMarch 16, 2005
Docket2001-516-C.A.
StatusPublished
Cited by71 cases

This text of 870 A.2d 1029 (State v. Santos) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Santos, 870 A.2d 1029, 2005 R.I. LEXIS 52, 2005 WL 600011 (R.I. 2005).

Opinions

OPINION

ROBINSON, Justice.

At issue in this case is whether a person convicted of sexual assault and incarcerated before July 1, 1992, but released after that date, was required to register as a sexual offender pursuant to the registration statute that was in existence at the time of the prisoner’s release (viz., G.L. 1956 §' 11-37-16 (since repealed by P.L. 1996, ch. 108, § 3)).1 The defendant, Idaho Fernandes Santos, maintains that, because he was convicted before § 11-37-16 went into effect, he was under no duty to register. Accordingly, he asserts that the trial court erred in denying his “Motion to Dismiss Notice of Duty to Register.” The state disputes this argument and maintains that, because Santos was released after July 1, 1992, he is required to register as a sexual offender.

Facts/Travel of the Case

On May 9, 1990, defendant was convicted of first-degree sexual assault.2 He was sentenced .to serve a thirty-year term of imprisonment at the Adult Correctional Institutions, with fifteen of those years being suspended with probation. After serving a portion of his sentence, defendant was scheduled to be released on parole. Before his proposed release date of January 24, 2001, defendant was given notice that he had a duty to register as a sexual offender pursuant to § 11-37-16 [1031]*1031and § 11-37.1-18.3 The defendant complied with the mandate implicit in that notice, but then he subsequently filed a “Motion to Dismiss Notice of Duty to Register.” 4

In the memorandum of law filed in support of his motion, defendant asserted that, by its explicit terms, § ll-37-16(a) (entitled “Duty to register”) imposes the registration duty only upon those who were convicted of sexual assault after July 1,1992. Accordingly, he maintains that he is not required to register because he was convicted before that date.

The state countered that defendant is required to register pursuant to the next subsection of the statute, § 11 — 37—16(b) (entitled “Notice of duty to register — Prisoner or inmate ”), because, under that subsection, sexual offenders who are released after July 1, 1992, (as Santos was) must be informed of their duty to register.

After considering the submissions of the parties, the motion justice denied defendant’s motion. He based his decision on his understanding of the meaning and scope of § U-37-16(b). He summarized his thinking as follows:

“Based upon that portion of the statute, which I’m paraphrasing, if a defendant is serving a sentence for first degree sexual assault or one of those charges requiring registration prior to their release, they must be informed they have to register.
“That language, as far as I was concerned — understanding your argument, of course — that language was clear and concise. Based upon that language is the reason why I denied your motion.”

The defendant appealed, and the parties appeared before this Court on May 13, 2003, to show cause why the case should not be summarily decided. Because the Court was evenly divided, the appeal was denied and dismissed. The defendant then petitioned for reargument and reconsideration before the full Court pursuant to Article I, Rule 25 of the Supreme Court Rules of Appellate Procedure. We granted the petition, and the full Court has now carefully considered the contentions of the parties and concludes that the appeal should be sustained.

Standard of Review

When faced with questions of statutory interpretation, this Court approaches the matter on a de novo basis. Rhode Island Depositors Economic Protection Corp. v. Bowen Court Associates, 763 A.2d 1005, 1007 (R.I.2001) (“Questions of law and statutory interpretation * * * are reviewed de novo by this Court.”); see also Keystone Elevator Co. v. Johnson & Wales University, 850 A.2d 912, 918 (R.I.2004); In re Abby D., 839 A.2d 1222, 1224 (R.I.2004); Mottola v. Cirello, 789 A.2d 421, 423 (R.I.2002).

[1032]*1032Analysis

Santos asserts that the trial justice misinterpreted the plain meaning of the language contained in the fairly complex statutory scheme that is set forth in § 11-37-16. He maintains that § 11 — 3T—16(a) specifies the classes of individuals who have a duty to register as sexual offenders and that § 11 — 37—16(b) merely creates certain ministerial duties by requiring certain specified officers to inform those individuals who have a duty to register of the existence of that duty.

We begin our consideration of the pertinent statutory language with a restatement of some basic principles.

As we have often noted, “[i]t is well settled that when the language of a statute is clear and unambiguous, this Court must interpret the statute literally and must give the words of the statute their plain and ordinary meanings.” Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1226 (R.I. 1996); see also Keystone Elevator Co., 850 A.2d at 918; Driscoll v. Karroo Land Co., 600 A.2d 722, 724 (R.I.1991).5 It is similarly well established that “when we examine an unambiguous statute, ‘there is no room for statutory construction and we must apply the statute as written.’ ” State v. DiCicco, 707 A.2d 251, 253 (R.I.1998) (quoting In re Denisewich, 643 A.2d 1194, 1197 (R.I.1994)); see also In re Abby D., 839 A.2d at 1224; Arnold v. Rhode Island Department of Labor and Training Board of Review, 822 A.2d 164, 168 (R.I.2003).

The plain statutory language is the best indicator of legislative intent. Martone v. Johnston School Committee, 824 A.2d 426, 431 (R.I.2003) (“When interpreting a statute, our ultimate goal is to give effect to the General Assembly’s intent. * * * The best evidence of such intent can be found in the plain language used in the statute. Thus, a clear and unambiguous statute will be literally construed.”); see also Caminetti v. United States, 242 U.S. 470, 490, 37 S.Ct. 192, 61 L.Ed. 442 (1917) (“[T]he language being plain, and not leading to absurd or wholly impracticable consequences, it is the sole evidence of the ultimate legislative intent.”); Hathaway v. Hathaway, 52 R.I. 39, 40, 156 A. 800, 801 (1931) (“‘It is an elementary proposition that courts only determine, by construction, the scope and intent of a law when the law itself is ambiguous or doubtful. If a law is plain, and within the legislative power, it declares itself, and nothing is left for interpretation.’ ”) (quoting State v. Duggan, 15 R.I. 403, 409, 6 A. 787, 788 (1886)).

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Cite This Page — Counsel Stack

Bluebook (online)
870 A.2d 1029, 2005 R.I. LEXIS 52, 2005 WL 600011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-santos-ri-2005.