Incorporated County of Los Alamos v. Johnson

• Decision Date: 27 June 1989
• Docket Number: No. 18298,18298
• Citation: 108 N.M. 633,776 P.2d 1252,1989 NMSC 45
• Parties: The INCORPORATED COUNTY OF LOS ALAMOS, New Mexico, Petitioner, v. Donald R. JOHNSON, Respondent.
• Court: New Mexico Supreme Court

Page 1252

776 P.2d 1252

108 N.M. 633

The INCORPORATED COUNTY OF LOS ALAMOS, New Mexico Petitioner, v. Donald R. JOHNSON, Respondent.

No. 18298.

Supreme Court of New Mexico.

June 27, 1989.

Rehearing Denied Aug. 8, 1989.

[108 NM 633] Byron L. Treaster, Associate County Atty., Los Alamos, for County of Los Alamos.

P. Reid Griffin, Jr., Los Alamos, for respondent.

OPINION

SCARBOROUGH, Justice.

Sometime after midnight on July 18, 1986, a uniformed officer of the Los Alamos Police Department observed Johnson driving in an erratic manner. The police officer suspected Johnson was DWI and elected to make a traffic stop. The police officer turned on his emergency lights, and at first it appeared Johnson would pull over and stop at a point approximately one-half mile from the Los Alamos-Santa Fe County Line. Johnson, however, did not pull over but continued to drive for a distance of approximately one mile after the police officer turned on his emergency lights. Johnson finally pulled over and stopped at a point approximately one-half mile beyond the county line, in Santa Fe County. The police officer determined that Johnson was DWI and arrested him. Johnson consented to a blood alcohol test which revealed his blood contained a .10 percent alcohol by weight. Johnson was found guilty of DWI by the Los Alamos Municipal Court and appealed for de novo review by the district court.

Johnson argued on appeal to the district court that the arresting officer had no authority to arrest him in Santa Fe County under NMSA 1978, Section 31-2-8 (Repl.Pamp.1984) of the Fresh Pursuit Act. After a non jury trial, the district court upheld the verdict rendered by the municipal court. Johnson appealed to the court of appeals which reversed the district court. We reverse the court of appeals.

The issue we are asked to address on certiorari is whether Section 31-2-8 of the Fresh Pursuit Act authorizes a municipal police officer to make an extraterritorial arrest for DWI. We find that it does.

When interpreting a statute we seek to determine and give effect to the legislative intent. Smith Mach. Corp. v Johnson argues on appeal that municipal police officers are not empowered to make extraterritorial DWI arrests because a DWI arrest under a local DWI ordinance carries only "petty misdemeanor" penalties rather than "misdemeanor" penalties, as required by Section 31-2-8 of the Fresh Pursuit Act. At the time Johnson was arrested, the Municipal Code provided that municipalities could enforce local ordinances by imposing penalties comparable to "petty misdemeanor" penalties. NMSA 1978, Sec. 3-17-1(C) (Repl.Pamp.1985) (fines not exceeding $300 or imprisonment not exceeding ninety days or both); see also NMSA 1978, Sec. 31-1-2(K) (Repl.Pamp.1984) of the Criminal Procedure Act ("misdemeanor" penalty is imprisonment in excess of six months but less than one year) and Sec. 31-1-2(L) ("petty misdemeanor" penalty is imprisonment for six months or less). We do not adopt this constrictive reading of the Fresh Pursuit Act.

[108 NM 634] Hesston, Inc., 102 N.M. 245, 694 P.2d 501 (1985). The provisions of a statute must be read together with other statutes in pari materia to ascertain legislative intent. Quintana v. New Mexico Dep't of Corrections, 100 N.M. 224, 668 P.2d 1101 (1983), rev'd on other grounds, Devine v. New Mexico Dep't of Corrections, 866 F.2d 339 (10th Cir.1989). We presume that the legislature is well informed as to existing statutory and common law and does not intend to enact a nullity, and we also presume that the legislature intends to change existing law when it enacts a new statute. State ex rel. Bird v. Apodaca, 91 N.M. 279, 284, 573 P.2d 213, 218 (1977). When several statutes relate to the same subject matter, we will, if possible, construe them in such a fashion as to give effect to every provision of each. First Nat'l Bank v. Southwest Yacht & Marine Supply Corp., 101 N.M. 431, 436, 684 P.2d 517, 522 (1984). While normally bound to follow legislative definitions, we are not so bound when a particular definition would result in an unreasonable classification. 1A, N. Singer, Sutherland Statutory Construction, Sec. 20.08 (4th ed. 1985). In such a case, we look to the intent of the language employed by the legislature rather than to the precise definition of the words themselves. State v. Nance, 77 N.M. 39, 45-6, 419 P.2d 242, 248-49 (1966), cert. denied, 386 U.S. 1039, 87 S.Ct. 1495, 18 L.Ed.2d 605 (1967). Finally, we seek to adopt a construction which will not render an application of the statute absurd or unreasonable. State v. Nance, 77 N.M. at 46, 419 P.2d at 249.

Over a decade ago, this Court recognized the common law doctrine that allows police officers to pursue and arrest a suspected felon beyond the boundaries of their jurisdiction. Benally v. Marcum, 89 N.M. 463, 553 P.2d 1270 (1976). When the legislature passed Section 31-2-8 authorizing the fresh pursuit and extraterritorial arrests of misdemeanants, we assume they were aware of the existing common law regarding fresh pursuit of felons and of "petty misdemeanor" and "misdemeanor" definitions in the Criminal Procedure Act and the penalty provisions for DWI convictions in NMSA 1978, Section 66-8-102(D) and (E) (Supp.1988) of the Motor Vehicle Code. We believe the legislature intended in Section 31-2-8 to expand the fresh pursuit and extraterritorial arrest powers of county sheriffs and municipal police officers and that this expansion power included the authority for fresh pursuit and extraterritorial arrest of DWI suspects.

We recognize the public policy of removing DWI drivers from New Mexico roads in order to protect the public, and have previously termed the offense of DWI a "misdemeanor." Boone v. State, 105 N.M. 223, 731 P.2d 366 (1986); State v. Manzanares, 100 N.M. 621, 674 P.2d 511 (1983), cert. denied, 471 U.S. 1057, 105 S.Ct. 2123, 85 L.Ed.2d 487. To adopt the reading of the Fresh Pursuit Act based upon an exercise in semantics as urged by Johnson would eviscerate the Act as it pertains to pursuit of DWI suspects. In addition to preventing fresh pursuit of DWI suspects by municipal police officers, Johnson's interpretation would also unacceptably restrict the The Court of Appeals is reversed, and the judgment of the district court in the Johnson cause is reinstated.

[108 NM 635] pursuit of DWI suspects by county sheriffs. Section 66-8-102(D) authorizes a sentence of not more than ninety days for a first conviction for DWI, which would fall within the "petty misdemeanor" definition in the Criminal Procedure Act. Section 66-8-102(E) authorizes sentences for second or subsequent DWI convictions which would fall within the "misdemeanor" definition. A peace officer in fresh pursuit of a DWI suspect, however, would have no way of determining whether a first, second or subsequent DWI conviction could result.

IT IS SO ORDERED.

RANSOM, J., concurs.

BACA, J., files a specially concurring opinion in which RANSOM, J., joins.

SOSA, C.J., dissents.

BACA, Justice (specially concurring).

I concur in the majority result but would add to the reasoning found in the discussion of fresh pursuit.

I first note that in Benally v. Marcum, 89 N.M. 463, 553 P.2d 1270 (1976), we recognized that the common law doctrine of fresh pursuit allowed police officers to pursue and arrest suspected felons beyond the territorial boundaries of their jurisdiction. 89 N.M. at 466, 553 P.2d at 1273. In response to this limited common law doctrine allowing police officers to only pursue felons and not misdemeanants, the legislature, in 1981, enacted an act relating to law enforcement, allowing fresh pursuit of a misdemeanant across intrastate jurisdictional lines. 1981 N.M.Laws, ch. 102, Sec. 1 (codified at NMSA 1978, Sec. 31-2-8 (Repl.Pamp.1984)). Section 31-2-8(A) and (B) provides in pertinent part:

A. Any county sheriff or municipal police officer who leaves his jurisdictional boundary while in fresh pursuit of a misdemeanant whom he would otherwise have authority to arrest shall have the authority to arrest that misdemeanant anywhere within this state and return him to the jurisdiction in which the fresh pursuit began without further judicial process.

B. For purposes of this section, "fresh pursuit of a misdemeanant" means the pursuit of a person who has committed a misdemeanor in the presence of the pursuing officer. Fresh pursuit shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

In my view, the critical issue in this case is whether the generic term "misdemeanor" in Section 31-2-8(B) includes "petty misdemeanors," allowing police officers to make extraterritorial arrests for DWI, an offense carrying "petty misdemeanor" penalties. I believe it does. I note that the criminal law evolved over several centuries in England creating three classifications of crimes: treasons, felonies, and misdemeanors. Hoffman v. People, 72 Colo. 552, 555, 212 P. 848, 851 (1923); W. LaFave & A. Scott, Jr., Criminal Law Sec. 6 (1972) (hereinafter LaFave). At common law, all offenses other than treasons or felonies, were misdemeanors. State v. Kelly, 218 Minn. 247, 257, 15 N.W.2d 554, 564 (1944); State v. O'Shields, 163 S.C. 408, 410, 161 S.E. 692, 694 (1931); 1 C. Torcia, Wharton's Criminal Law Sec. 20 (14th ed. 1978). Codification of the criminal law occurred in the United States to subdivide felonies and misdemeanors into classes for purposes of defining levels of punishment. See State v. Pontier, 95 Idaho 707, 715, 518 P.2d 969, 977 (1974); R. Perkins, Criminal Law Sec. 1 (2d ed. 1969). In New Mexico felonies are subdivided into degrees. NMSA 1978, Sec. 30-1-7 (Repl.Pamp.1984). A misdemeanor may be either a major crime or a petty offense/misdemeanor depending on the possible level of punishment. See Fimara v. Garner, 86 Conn. 434, 436, 85 A. 670, 672 (1913); LaFave at Sec. 6. Generally, petty offenses/misdemeanors are subgroups of misdemeanors. Fimara v....