State v. Vierra

188 P.3d 773, 118 Haw. 259
Hawaii Intermediate Court of Appeals·Decided July 18, 2008·No. 27508·Published·Cited by 1 cases

Opinions

Opinion of the Court by

NAKAMURA, J.

Defendant-Appellant Mariann U. Vierra (Vierra) was sentenced as a persistent repeat offender of the offense of driving without a license (DWOL). Under HRS § 286-136(b) (Supp.1996), “[a]ny person who is convicted” of DWOL is subject to an enhanced penalty “if the person has two or more prior convictions for the same offense in the preceding five[-]year period.” This appeal turns on how to measure “the preceding five[-]year period” referred to in the statute. The pivotal question is: Should the statute be interpreted as measuring the preceding five-year period from the date the defendant committed the current DWOL offense or the date the defendant is sentenced on the current DWOL offense? We interpret the statute as measuring the five-year period based on the date the defendant committed the current DWOL offense. We therefore reject Vienna's argument that she did not have two or more prior DWOL convictions, and we affirm her sentences.

BACKGROUND

Vierra was cited for DWOL on four- occasions: June 26, 2002, May 22, 2003, July 2, 2004, and December 8, 2004. During a trial on stipulated facts, Vierra agreed that she had driven without a valid license on the four dates that the citations were issued. She also stipulated that when the citations were issued, she already had five prior convictions for DWOL—one conviction on July 31, 2001, three convictions on April 3, 2000, and one conviction on August 10,1998.

The only dispute between the parties was whether Vierra’s prior convictions were countable under HRS § 286-136(b) as falling within “the preceding five[-]year period.” The stipulated facts trial took place on August 24, 2005. By that time, except for Vier-ra’s prior July 31, 2001, conviction, more than [261] five years had passed since Vierra’s other DWOL convictions. In the two-week period prior to trial, both parties submitted legal memoranda on how to measure the five-year time period set forth in HRS § 286-136(b). Vierra argued that the statute should be interpreted as counting only prior convictions that occurred within the five years preceding the date the defendant is sentenced on the current offense. Under this interpretation, only one of Vierra’s prior convictions would be counted, and she would not be subject to the enhanced penalty under HRS § 286-136(b) for persistent repeat offenders. Plaintiff-Appellee State of Hawai'i (the State) argued that prior convictions should be counted if they occurred within the five years preceding the date the defendant committed the current offense. Under this view, Vierra had at least four DWOL convictions that were countable for each of her four DWOL citations.

The maximum penalty to which Vierra was exposed depended on whether she had turn or more countable prior convictions. If Vierra committed the offense of DWOL with less than two countable prior convictions, her offense was a petty misdemeanor and she was subject to a maximum 30 days of imprisonment and a $1,000 fine. HRS §§ 286-136(a) (2007), 701-107(4) (1993), and 706-663 (1993). If Vierra committed the offense of DWOL with two or more countable prior convictions, her offense was a full misdemeanor and she was subject to a maximum of one year of imprisonment and a $1,000 fine.1 HRS §§ 286-136(b), 701-107(3) (1993), and 706-663. In addition, Vierra could be sentenced to a maximum term of probation of six months for a petty misdemeanor and one year for a full misdemeanor. HRS § 706-623 (Supp.2002).

Prior to trial on the four DWOL citations, the District Court of the First Circuit (district court)2 advised Vierra that it agreed with the State’s position that she had two or more countable prior DWOL convictions. The court therefore advised Vierra that she had a right to a jury trial on each of the DWOL citations. Vierra waived her right to a jury trial. After her counsel recited the stipulated facts, Vierra confirmed to the district court that she agreed with having her case decided on stipulated facts.

Based on the stipulated facts, the district court found Vierra guilty of DWOL on the four occasions that the citations were issued. In sentencing Vierra, the district court agreed with the State that Vierra had four-prior DWOL convictions within the five-year-period preceding the DWOL offenses she committed on July 2, 2004, and December 8, 2004, and that she had five prior DWOL convictions within the five-year period preceding the DWOL offenses she committed on June 26, 2002, and May 22, 2003. For each of Vierra’s current DWOL offenses, the court sentenced her to a one-year term of probation and a suspended ten-day jail term, to be served concurrently, a $500 fine, and a $55 Criminal Injuries Compensation fee. On August 24, 2005, the district court entered four-separate Judgments for these offenses.

DISCUSSION

I. Principles of Statutory Construction

We apply the following principles in construing a statute:

The interpretation of a statute is a question of law reviewable de novo.
Furthermore, our statutory construction is guided by established rules:
When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
When there is doubt, doubleness of meaning, or indistinetiveness or uncertainty of an expression used in a statute, an ambiguity exists.
[262] In construing an ambiguous statute, the meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order to ascertain their true meaning. Moreover, the courts may resort to extrinsic aids in determining legislative intent. One avenue is the use of legislative history as an interpretive tool.
This court may also consider the reason and spirit of the law, and the cause which induced the legislature to enact it[,] to discover its true meaning. Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one statute may be called upon in aid to explain what is doubtful in another.

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State v. Vierra, 188 P.3d 773, 118 Haw. 259 (hawapp 2008).

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State v. Vierra
188 P.3d 773 (Hawaii Intermediate Court of Appeals, 2008)