State v. Simmons

240 P.3d 279, 225 Ariz. 454, 592 Ariz. Adv. Rep. 7, 2010 Ariz. App. LEXIS 153
CourtCourt of Appeals of Arizona
DecidedSeptember 28, 2010
Docket1 CA-CR 09-0463
StatusPublished
Cited by1 cases

This text of 240 P.3d 279 (State v. Simmons) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Simmons, 240 P.3d 279, 225 Ariz. 454, 592 Ariz. Adv. Rep. 7, 2010 Ariz. App. LEXIS 153 (Ark. Ct. App. 2010).

Opinion

OPINION

OROZCO, Judge.

¶ 1 Kimberly Simmons (Defendant) appeals her convictions and sentences for two counts of aggravated driving or actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs (Aggravated DUI), a class four felony. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 When reviewing the record, “we view the evidence in the light most favorable to supporting the verdict.” State v. Torres-Soto, 187 Ariz. 144, 145, 927 P.2d 804, 805 (App.1996). A grand jury indicted Defendant on two counts of Aggravated DUI and one count of leaving the scene of a damage accident relating to an incident on January 18, 2008. At a bench trial, Defendant conceded that she:

was involved in an accident while she was operating a motor vehicle and had a blood [alcohol] level of .08 or higher which is what the charge is. And that also that [sic] while she was operating that motor vehicle it impaired her ability to drive at least to the slightest degree.

According to Defendant, the only issue left for trial was “whether or not the State ha[d] evidence to show, to prove beyond a reason *455 able doubt that [Defendant] fit[] within the statute of operating a motor vehicle while her license [was] canceled, suspended or revoked.”

¶ 3 Only one witness testified at trial, M.P., Deputy Custodian of Records, Investigator III for the Arizona Department of Motor Vehicles (MVD). M.P. testified that MVD never issued Defendant an Arizona driver’s license; MVD only issued Defendant an identification card. M.P. reviewed Defendant’s motor vehicle records from other states, including North Carolina and West Virginia. Regarding Defendant’s record from North Carolina, M.P. testified that on January 18, 2008, Defendant’s privilege to drive 1 in the state of North Carolina was “[suspended.”

¶ 4 M.P. also testified that, on January 18, 2008, the date of the incident, Defendant’s West Virginia driver’s license was “expired,” and not suspended, canceled, or revoked. MVD records from West Virginia indicate from November 5, 1999 to July 15, 2005, Defendant’s driver’s license was in a period of “mandatory revocation-conviction.” The record also indicates although the revocation was lifted, West Virginia never reissued Defendant a new license. As a result, on January 18, 2008, Defendant’s West Virginia driver’s license remained expired.

¶ 5 After hearing the evidence, the trial court found Defendant guilty as charged. Defendant filed a timely notice of appeal. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution and Arizona Revised Statutes (AR.S.) sections 12-120.21.A1 (2003), 13-4031 and -4033.A1 (2010). 2

DISCUSSION

¶ 6 Defendant argues she did not fit within the elements of the statute under which she was convicted, AR.S. § 28-1383.A1 (Supp. 2009). She also argues the trial court erred in finding her West Virginia license or privilege to drive was suspended, canceled, revoked or refused. Specifically, Defendant contends that in applying AR.S. § 28-1383.-A.1, courts must look only to Arizona or a defendant’s licensing state. In part, AR.S. § 28-1383.A. 1 provides that a person is guilty of Aggravated DUI if the person “[c]ommits a violation of § 28-1381, § 28-1382 or this section while the person’s driver license or privilege to drive is suspended, canceled, revoked or refused.”

¶ 7 We review issues of statutory interpretation de novo. See State v. Gomez, 212 Ariz. 55, 56, ¶ 3, 127 P.3d 873, 874 (2006). “In any case involving statutory interpretation we begin with the text of the statute” because it is “the best and most reliable index of a statute’s meaning.” State v. Christian, 205 Ariz. 64, 66, ¶ 6, 66 P.3d 1241, 1243 (2003). “When the plain text of a statute is clear and unambiguous there is no need to resort to other methods of statutory interpretation to determine the legislature’s intent because its intent is readily discernable from the face of the statute.” Id. “But, if ‘the statute’s language is not clear, we determine legislative intent by reading the statute as a whole, giving meaningful operation to all of its provisions, and by considering factors such as the statute’s context, subject matter, historical background, effects and consequences, and spirit and purpose.’ ” State v. Payne, 223 Ariz. 555, 561, ¶ 16, 225 P.3d 1131, 1137 (App.2009) (quoting Zamora v. Reinstein, 185 Ariz. 272, 275, 915 P.2d 1227, 1230 (1996)).

¶ 8 We have previously held that the predecessor statute to AR.S. § 28-1383 “applies to persons whose out-of-state licenses have been suspended, cancelled, or revoked by the issuing state.” State v. Kozlowski, 143 Ariz. 137, 139, 692 P.2d 316, 318 (App.1984). In Kozlowski, we relied on the chapter’s definition of “license,” which “means any license ... issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles.” Id. at 138, 692 P.2d at 317 (quoting 1983 Ariz. Sess. *456 Laws, ch. 279, § 4 (1st Reg.Sess.)). Like its predecessor, A.R.S. § 28-1383 necessarily turns on the chapter’s definition of “license.” Because this definition remains unchanged, we decline to depart from our previous holding in Kozlowski and conclude that A.R.S. § 28-1383 applies to out-of-state licenses that have been “suspended, canceled, revoked or refused.” See A.R.S. § 28-1301.6 (Supp. 2009).

¶ 9 In this case, Defendant’s West Virginia license was the only license issued to her. At the time of the accident, her West Virginia license was not “suspended, canceled, revoked or refused,” instead it was expired. See A.R.S. § 28-1383.A.1. Defendant therefore argues that because her West Virginia license was not “suspended, canceled, revoked or refused,” she did not violate A.R.S. § 28-1383.A.1. Defendant, however, ignores the remainder of AR.S. § 28-1383.A.1. It provides, in part, that a person “[e]ommits a violation of § 28-1381, § 28-1382 or this section while the person’s driver license or privilege to drive

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Bluebook (online)
240 P.3d 279, 225 Ariz. 454, 592 Ariz. Adv. Rep. 7, 2010 Ariz. App. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-simmons-arizctapp-2010.