State v. Schweitzer

646 N.W.2d 117, 2002 Iowa App. LEXIS 613, 2002 WL 535135
CourtCourt of Appeals of Iowa
DecidedApril 10, 2002
Docket01-0745
StatusPublished
Cited by7 cases

This text of 646 N.W.2d 117 (State v. Schweitzer) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Schweitzer, 646 N.W.2d 117, 2002 Iowa App. LEXIS 613, 2002 WL 535135 (iowactapp 2002).

Opinion

EISENHAUER, J.

The defendant, Benjamin Schweitzer, appeals his conviction and sentence following his guilty plea to charges of operating while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2(2)(b) (1999). Schweitzer argues the district court erred in concluding that a juvenile adjudication for OWI constitutes a prior offense for the purpose of charging and sentencing under section 321J.2(4). We affirm.

*119 I. Background Facts and Proceedings. In January 1998, Schweitzer, then a juvenile, was adjudicated a delinquent for OWI. On February 2, 2001, the State filed a trial information charging Schweitzer with OWI, second offense, in violation of Iowa Code section 321J.2(2)(b) (1999). The State based its charge on Schweitzer’s previous juvenile OWI adjudication. Schweitzer pleaded guilty to the charge, but prior to sentencing, filed a motion for adjudication of law points, arguing that he should have only been charged with OWI, first offense, since his juvenile adjudication could not be used to enhance his adult offense. At sentencing, the district court addressed Schweitzer’s motion to adjudicate law points and rejected his argument. The court sentenced him to serve thirty days in jail, twenty-three days suspended, self-supervised probation for one year, and á $1500 fine. Schweitzer has appealed.

II. Scope of Review. The court reviews an adjudication of law points for correction of errors at law. State v. Maher, 618 N.W.2d 303, 305 (Iowa 2000). “An adjudication of law points is confined to a determination of legal matters on uncontroverted pleadings.” Id. To the extent the determination involves the interpretation of a legislative provision, we review for correction of errors at law. Id.

III. Adjudication of Law Points. Schweitzer’s only question on appeal is whether the district court erred in allowing the State to use his 1998 juvenile adjudication of OWI as a predicate offense in charging him as a second offender. Schweitzer contends that in harmonizing Iowa Code sections 232.55, 321J.2(4), and 321.213, it was the legislature’s intent to exclude juvenile OWI adjudications as a predicate offense. The State, however, contends section 321.213 is clear that prior juvenile OWI adjudications are the equivalent of a final conviction for purposes of section 321J.2 and may be used to charge a second offense.

Iowa Code section 232.55, governing the effects of juvenile adjudications, provides:

1. An adjudication or disposition in a proceeding under this division shall not be deemed a conviction of a crime and shall not impose any civil disabilities or operate to disqualify the child in any civil service application or appointment.
2., Adjudication and disposition proceedings under this division are not admissible as evidence against a person in a subsequent proceedings in any other court before or after the person reaches majority except in a sentencing proceeding after conviction of the person for an offense other than a simple or serious misdemeanor. Adjudication and disposition proceedings may properly be included in a presen-tence investigation report prepared pursuant to chapter 901 and § 906.5 (emphasis added).

Section 232.55 thus provides a general prohibition on the consideration of juvenile adjudications as a criminal conviction for any purpose other than in the discretionary aspect of criminal sentencing in adult prosecutions for felonies and aggravated misdemeanors, including the basis for the suspension of a driver’s license.

Section 321J.2(4) outlines what may be considered a second or subsequent offense for purposes of criminal sentencing or license revocation. Each previous violation on which a conviction or deferred judgment was entered prior to the date of the violation charged shall be considered and *120 counted as a separate offense. Iowa Code § 321J.2(4)(c).

Iowa Code section 321.213, entitled “License suspensions or revocations due to violations by juvenile drivers”, forms the basis for the parties’ dispute. Section 321.213 provides:

Upon the entering of a dispositional order suspending or revoking the driver’s license or operating privileges of the juvenile under section 232.52, subsection 2, paragraph “a”, the clerk of the juvenile court shall forward a copy of the adjudication and the dispositional order to the department. Notwithstanding section 232.55, a final adjudication in a juvenile court that the child violated a provision of this chapter or chapter 321A or 321J constitutes a final conviction for purposes of sections 321.189, subsection 7, paragraph “b”, and sections 321.193, 321.194, 321.200, 321.209, 321.210, 321.215, 321.555, 321A.17, 321J.2, 321J.3, and 321J.4 (emphasis added).

According to Schweitzer, the language in section 321.213 applies only to license suspensions or revocations, and juvenile OWI adjudications may not be used as a predicate offense in subsequent criminal proceedings. We disagree.

We apply the rules of statutory construction only when the explicit terms of a statute are ambiguous. Marcus v. Young, 538 N.W.2d 285, 289 (Iowa 1995). Language that is unambiguous will be given its plain and rational meaning in light of the subject matter. Id. In looking for legislative intent, we are guided by what the legislature actually said, rather than what it should or could have said. State v. Hatter, 414 N.W.2d 333, 337 (Iowa 1987). If legislative intent is not apparent in the statute, we will look to other considerations to determine the purpose of the statute. State v. Soppe, 374 N.W.2d 649, 652 (Iowa 1985).

The fundamental rule is to ascertain and, if possible, give effect to the intention or purpose of the legislature as expressed in the statute. Dep’t of Transp. v. Iowa Dist. Court, 559 N.W.2d 615, 617 (Iowa 1997). We may not, under the guise of construction, enlarge or otherwise change the terms of the statute. State v. Byers, 456 N.W.2d 917, 919 (Iowa 1990). A statute should be construed so that effect will be given to all of its provisions, and no part is superfluous or void. State v. Harrison, 325 N.W.2d 770, 772 (Iowa Ct.App.1982).

Schweitzer maintains that section 321.213 is a licensing and revocation statute by noting that section’s title, “License suspension or revocations due to violations by juvenile drivers.” The title of a statute, however, cannot limit the plain meaning of the text. Atchison, Topeka, & Santa Fe Ry. Co., v. Bair,

Related

State of Iowa v. Asa James Starr
Court of Appeals of Iowa, 2025
State of Iowa v. Kevin Jerome Arnold
Court of Appeals of Iowa, 2021
State of Iowa v. Clerone Isaac Reed Jr.
Court of Appeals of Iowa, 2017
In RE the Detention of Anthony Geltz Anthony Geltz
840 N.W.2d 273 (Supreme Court of Iowa, 2013)
State v. Moore
732 N.W.2d 888 (Court of Appeals of Iowa, 2007)
Hamilton v. Werner Co.
268 F. Supp. 2d 1085 (S.D. Iowa, 2003)
State v. Vander Esch
662 N.W.2d 689 (Court of Appeals of Iowa, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
646 N.W.2d 117, 2002 Iowa App. LEXIS 613, 2002 WL 535135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schweitzer-iowactapp-2002.