Hobbs v. State

• Decision Date: 19 May 2011
• Docket Number: No. 54933.,54933.
• Parties: Timothy Lee HOBBS, Appellant,v.The STATE of Nevada, Respondent.
• Court: Nevada Supreme Court

251 P.3d 177

127 Nev. Adv. Op. 18

Timothy Lee HOBBS, Appellant,

v.The STATE of Nevada, Respondent.

No. 54933.

Supreme Court of Nevada.

May 19, 2011.

Gibson & Kuehn, LLP, and Harold Kuehn, Pahrump, for Appellant.Catherine Cortez Masto, Attorney General, Carson City; Brian Kunzi, District Attorney, and Wesley S. White, Deputy District Attorney, Nye County, for Respondent.Before CHERRY, SAITTA and GIBBONS, JJ.

OPINION

By the Court, SAITTA, J.:

In this appeal, we consider two primary issues. We first address whether spitting on another constitutes a battery under NRS 200.481. We hold that it does. Next, we consider whether the State sufficiently established the requisite prior domestic battery misdemeanor convictions to enhance appellant Timothy Lee Hobbs' current offense to a felony. We hold that it did not. We therefore affirm in part and reverse in part the judgment of conviction, and we remand to the district court for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

Patricia McClain was at a nail salon having her nails done when Hobbs, her ex-boyfriend, entered and became angry. He was upset that she was spending money to have her nails done. After a relatively short public argument between the two, Hobbs briefly left the salon, only to return a short time later. Hobbs again became angry with McClain for having her nails done. He then spit in her face. She immediately broke down into tears, feeling embarrassed and humiliated. Hobbs then left the salon and subsequently returned with a rock in his hand, approached McClain's vehicle, and threw the rock through the vehicle's windshield.

Respondent State of Nevada charged Hobbs by criminal complaint with domestic battery, injury to other property, and a habitual criminal enhancement. In particular, the complaint alleged that because Hobbs had two prior domestic battery misdemeanor convictions, the State would seek to elevate the current offense to a felony under NRS 200.485, Nevada's domestic battery statute, if it obtained a conviction. The complaint also alleged that the State would seek a habitual criminal enhancement under NRS 207.010, Nevada's habitual criminal statute, due to Hobbs' prior felony convictions. A preliminary hearing was held in justice court, at which time the State offered Hobbs' two prior domestic battery convictions into evidence. Hobbs stipulated to their admission. He was then bound over on the charges, and a criminal information was filed in the district court. The evidence from the preliminary hearing—specifically, the certified copies of the two prior domestic battery misdemeanor convictions—was transferred to the district court.

Subsequently, Hobbs filed a petition for a writ of habeas corpus, which was opposed by the State, arguing that spitting did not constitute the use of force or violence required for a battery under NRS 200.481. The district court held a hearing on the matter, found that spitting did amount to the use of force or violence as contemplated by NRS 200.481, and dismissed the petition. The case then proceeded to trial, where the jury found Hobbs guilty of domestic battery and injury to other property.

At sentencing, the State sought to sentence Hobbs as a habitual felon and offered the presentence investigation report (PSI) and six certified copies of Hobbs' prior felony convictions in support. The district court inquired whether there were any errors of a factual nature in the PSI, which described the two prior domestic battery misdemeanor convictions. Hobbs' counsel responded in the negative. Notably, although the State submitted evidence of Hobbs' prior felony convictions, it did not, at the sentencing hearing, present any evidence of or mention Hobbs' prior domestic battery misdemeanor convictions, nor did it attempt to demonstrate the constitutional validity of those convictions. The district court also did not indicate that it had reviewed the certified prior convictions that were transmitted from the justice court or that it had determined that they were constitutionally valid. Ultimately, the district court enhanced Hobbs' current domestic battery conviction to a felony and determined that he should be sentenced as a habitual criminal, sentencing him to 10 to 25 years in prison for domestic battery and 1 year for injury to other property, both sentences to run concurrently. Hobbs now appeals.

DISCUSSION

Spitting on another constitutes the “use of force or violence” required for a battery under NRS 200.481

Hobbs argues that the act of spitting on another does not amount to a battery. In particular, he asserts that spitting does not constitute the “use of force or violence” required for a battery under NRS 200.481 ¹ and contends, based on the cases he relies on, that a battery must be violent or result in physical harm or pain. Hobbs' argument presents us with an issue of first impression, as we have not previously addressed this question or the scope and meaning of the phrase “use of force or violence” in NRS 200.481.

Statutory interpretation is an issue of law subject to de novo review. Firestone v. State, 120 Nev. 13, 16, 83 P.3d 279, 281 (2004). Our objective in construing a statute is to give effect to the Legislature's intent. State v. Catanio, 120 Nev. 1030, 1033, 102 P.3d 588, 590 (2004). Traditional rules of statutory interpretation are employed to accomplish that result. Id. Our initial inquiry focuses on the language of the statute, and we avoid statutory interpretation that renders language meaningless or superfluous. Butler v. State, 120 Nev. 879, 892–93, 102 P.3d 71, 81 (2004). If the statute's language is clear and unambiguous, we enforce the statute as written. Sheriff v. Witzenburg, 122 Nev. 1056, 1061, 145 P.3d 1002, 1005 (2006). Only when the statute is ambiguous, meaning that it is subject to more than one reasonable interpretation, do we “look beyond the language [of the statute] to consider its meaning in light of its spirit, subject matter, and public policy.” Butler, 120 Nev. at 893, 102 P.3d at 81.

The statutory definition of battery is “any willful and unlawful use of force or violence upon the person of another.” NRS 200.481(1)(a). At first blush, NRS 200.481 might appear to include physical harm or pain as an element of the offense of battery, given that it requires the use of force or violence. The presence or absence of “substantial bodily harm” does affect punishment (NRS 200.481(2)(a)-(g)); however, it is not included as an element of simple battery. See NRS 200.481(1)(a). Instead, Nevada's battery statute requires the “use of force or violence.” Id. A common definition of “force” is “[p]ower, violence, or pressure directed against a person or thing.” Black's Law Dictionary 717 (9th ed. 2009). Thus, the language of NRS 200.481 indicates that nonharmful and nonviolent force suffices, given the Legislature's use of the phrase “force or violence”; otherwise, the use of the word “or” is rendered meaningless. NRS 200.481(1)(a) (emphasis added). In sum, under NRS 200.481, the “willful and unlawful use of ... force ... upon the person of another” amounts to criminal battery; that force need not be violent or severe and need not cause bodily pain or bodily harm. Our construction comports with the common law definition of battery. 2 Charles E. Torcia, Wharton's Criminal Law § 177, at 414–15 (15th ed. 1994) (“At common law, the contact need not result in physical harm or pain; it is enough that the contact be offensive.”).

Moreover, California's caselaw interpreting its battery statute, California Penal Code section 242, supports our interpretation. In 1925, when the Nevada Legislature adopted the current definition of battery, it replicated California's battery statute, which remains the same today. 1925 Nev. Stat., ch. 31, § 149, at 34; Nev. Compiled Laws § 10096 (1929) (specifically referencing California Penal Code section 242); see also Cal.Penal Code § 242 (West 2008) (“A battery is any willful and unlawful use of force or violence upon the person of another.”). California's jurisprudence addressing the meaning and scope of California Penal Code section 242 therefore serves as persuasive authority for our examination of NRS 200.481.

A California court of appeal recently noted that, “[e]ven though the statutory definition of battery requires ‘force or violence,’ this has the special legal meaning of a harmful or offensive touching.” People v. Page, 123 Cal.App.4th 1466, 20 Cal.Rptr.3d 857, 863 n. 1 (2004) (citation omitted). That interpretation of California Penal Code section 242 has significant support in California's caselaw. As the California Supreme Court has explained:

“It has long been established, both in tort and criminal law, that ‘the least touching’ may constitute battery. In other words, force against the person is enough, it need not be violent or severe, it need not cause bodily harm or even pain, and it need not leave any mark.”

People v. Colantuono, 7 Cal.4th 206, 26 Cal.Rptr.2d 908, 865 P.2d 704, 709 n. 4 (1994) (quoting People v. Rocha, 3 Cal.3d 893, 92 Cal.Rptr. 172, 479 P.2d 372, 377 n. 12 (1971)). Thus, “[o]nly a slight unprivileged touching is needed to satisfy the force requirement of a criminal battery.” People v. Ausbie, 123 Cal.App.4th 855, 20 Cal.Rptr.3d 371, 375 n. 2 (2004), disapproved of on other grounds by People v. Reed, 38 Cal.4th 1224, 45 Cal.Rptr.3d 353, 137 P.3d 184 (2006). Because “the least touching” may constitute battery, California courts have even observed that in section 242, “[t]he word ‘violence’ has no real significance.” People v. Mansfield, 200 Cal.App.3d 82, 245 Cal.Rptr. 800, 802–03 (1988). In accordance with this general interpretation of the phrase “force or violence” in section 242, the California Supreme Court has held that spitting on another is a battery, People v. Hamilton, 45 Cal.4th 863, 89 Cal.Rptr.3d 286, 200 P.3d 898, 953–54 (2009), and that conduct such as “throwing a cup of urine...