State v. Brown

• Decision Date: 14 December 2001
• Docket Number: No. 86,130.,86,130.
• Citation: 35 P.3d 910,272 Kan. 843
• Parties: STATE OF KANSAS, Appellee, v. SUSAN K. BROWN, Appellant.
• Court: Kansas Supreme Court

272 Kan. 843

35 P.3d 910

STATE OF KANSAS, Appellee, v. SUSAN K. BROWN, Appellant.

No. 86,130.

Supreme Court of Kansas.

Opinion filed December 14, 2001.

Michael K. Lehr, of Wichita, was on the brief for appellant.

Richard A. Olmstead, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

Susan K. Brown was convicted in a bench trial on stipulated facts of one count of payment for adoption in violation of K.S.A. 59-2121(a), a severity level 9 person felony, and one count of prohibited offers and placement of children for adoption in violation of K.S.A. 59-2123, a class C misdemeanor. Defendant was sentenced to two consecutive 12-month terms of probation and appeals from her convictions. In her brief, defendant states the issue as being: "The issue in this case is whether the district court correctly interpreted the provisions of K.S.A. 59-2121, and K.S.A. 59-2123, based upon the stipulated facts of the case to find the defendant, Susan K. Brown, guilty of violating each statute's respective criminal provisions?"

The above statement of the issue and the brief's concluding paragraph requesting that the conviction of the misdemeanor be reversed are the only references in the brief to the defendant's conviction of a violation of K.S.A. 59-2123. An issue which is not briefed is deemed abandoned. State v. Valdez, 266 Kan. 774, 784, 977 P.2d 242 (1999). Accordingly, we limit our consideration to whether the stipulated facts support defendant's conviction of a violation of K.S.A. 59-2121(a).

FACTS

Extensive stipulations of fact were entered into by the parties. There was no other evidence admitted. The basic issue is whether these stipulated facts establish a violation of K.S.A. 59-2121. This is essentially a matter of statutory interpretation, as there is no significant conflict within the stipulated facts. Given the very narrow issue before us, it is appropriate to highly summarize the stipulated facts.

Defendant operated an escort service named "Blaze" out of her home in Wichita. Upon hearing that a former employee, Samantha Pruitt, had given birth to a child in Oklahoma and was considering putting the child up for adoption, defendant told her to wait. Defendant then went to Oklahoma and brought the mother and child to her home.

Defendant made arrangements for another employee (Teresa Lawrence) and Tina Black to acquire the child from Pruitt in exchange for a new car, $800, and a cell phone. Defendant was to receive half of the cash as compensation for her part in putting the deal together. The transfer of the child took place, but none of the agreed-upon compensation was paid or delivered. Pruitt became dissatisfied with the delay and complained to a friend who happened to be the girlfriend of a police officer. Ultimately, Pruitt and the police officer reported the incident. In cooperation with the Wichita Police Department, Pruitt made a monitored telephone call to the defendant, wherein the following was said:

"Pruitt: So uh ... what happened to the money that I was supposed to get and the car and cell phone. What did they ....

"Brown: Hey, you can get all that when you get the fucking uh ... uh ... birth certificate.

"Pruitt: ... did they just ... but what about you ... your half of the money, did they give it all to you?

"Brown: Not yet they haven't. They're waiting for the birth certificate. I get to wait just like you get to wait.

"Pruitt: Yeah.

"Brown: You know, you produce what you're suppose and everything will go cool. All you have to go over you fucking ... boyfriend's house and get it out of the garage ... he has to wait 21 days ... that's bullshit."

The conversation then disintegrated into name calling.

It was further stipulated: "None of the money was intended for any bill or expense incidental to birth or adoption proceedings." Ultimately, the child was found and taken into protective custody.

STANDARD OF REVIEW

Our case law, as generally applied in civil cases, states that appellate courts have de novo review of cases decided on the basis of documents and stipulated facts. Heiman v. Parrish, 262 Kan. 926, 927, 942 P.2d 631 (1997); Lightner v. Centennial Life Ins. Co., 242 Kan. 29, Syl. ¶ 1, 744 P.2d 840 (1987).

A substantial competent evidence standard of review is used in cases with stipulated facts when the record includes conflicting testimony or when the case involves oral testimony that is conflicting. In re Adoption of Baby Boy B., 254 Kan. 454, 456-60, 866 P.2d 1029 (1994); Bell v. Tilton, 234 Kan. 461, 467-68, 674 P.2d 468 (1983).

Interpretation of a statute is a question of law, and this court's review is unlimited. State v. Lewis, 263 Kan. 843, 847, 953 P.2d 1016 (1998).

Our review herein is unlimited.

THE STATUTE

K.S.A. 59-2121 provides:

"(a) Except as otherwise authorized by law, no person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than:

(1) Reasonable fees for legal and other professional services rendered in connection with the placement or adoption not to exceed customary fees for similar services by professionals of equivalent experience and reputation where the services are performed, except that fees for legal and other professional services as provided in this section performed outside the state shall not exceed customary fees for similar services when performed in the state of Kansas;

(2) reasonable fees in the state of Kansas of a licensed child-placing agency;

(3) actual and necessary expenses, based on expenses in the state of Kansas, incident to placement or to the adoption proceeding;

(4) actual medical expenses of the mother attributable to pregnancy and birth;

(5) actual medical expenses of the child; and

(6) reasonable living expenses of the mother which are incurred during or as a result of the pregnancy.

"(b) In an action for adoption, a detailed accounting of all consideration given, or to be given, and all disbursements made, or to be made, in connection with the adoption and the placements for adoption shall accompany the petition for adoption. Upon review of the accounting, the court shall disapprove any such consideration which the court determines to be unreasonable or in violation of this section and, to the extent necessary to comply with the provisions of this section, shall order reimbursement of any consideration already given in violation of this section.

"(c) Knowingly and intentionally receiving or accepting clearly excessive fees or expenses in violation of subsection (a) shall be a severity level 9, nonperson felony. Knowingly failing to list all consideration or disbursements as required by subsection (b) shall be a class B nonperson misdemeanor."

RULES OF STATUTORY CONSTRUCTION

It is a fundamental rule of statutory construction, to which all other rules are subordinate, that the intent of the legislature governs if that intent can be ascertained. The legislature is presumed to have expressed its intent through the language of the statutory scheme it enacted. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. Stated another way, when a statute is plain and unambiguous, the appellate courts will not speculate as to the legislative intent behind it and will not read such a statute so as to add something not readily found in the statute. In re Marriage of Killman, 264 Kan. 33, 42-43, 955 P.2d 1228 (1998).

As a general rule, statutes are construed to avoid unreasonable results. There is a presumption that the legislature does not intend to enact useless or meaningless legislation. KPERS v. Reimer & Koger Assocs., Inc., 262 Kan. 635, 643, 941 P.2d 1321 (1997). Effect must be given, if possible, to the entire act and every part thereof. To this end, it is the duty of the court, as far as practicable, to reconcile the different provisions so as to make them consistent, harmonious, and sensible. The court must give effect to the legislature's intent even though words, phrases, or clauses at some place in the statute must be omitted or inserted. State v. Engles, 270 Kan. 530, 533, 17 P.3d 355 (2001).

In construing statutes and determining legislative intent, several provisions of an act, in pari materia, must be construed together with a view of reconciling and bringing them into workable harmony if possible. State v. Bolin, 266 Kan. 18, 24, 968 P.2d 1104 (1998).

Criminal statutes must be strictly construed in favor of the accused. Any reasonable doubt about the meaning is decided in favor of anyone subjected to the criminal statute. The rule of strict construction, however, is subordinate to the rule that judicial interpretation must be reasonable and sensible to effect legislative design and intent. State v. Vega-Fuentes, 264 Kan. 10, 14, 955 P.2d 1235 (1998).

Defendant contends the stipulated facts do not support her conviction herein as they do not establish that she was guilty of knowingly and intentionally "receiving or accepting clearly excessive fees or expenses in violation of subsection (a)," as required by K.S.A. 59-2121(c).

DISCUSSION

At this point, it is appropriate to discuss the Kansas Adoption and Relinquishment Act, K.S.A. 59-2111 et seq., of which K.S.A. 59-2121, the statute before us, is a part. The Act was revised extensively in 1990. The pertinent portions of K.S.A. 59-2121 address payment involved in adoptions, limitations thereon, and the criminal penalties for violation of such limitations. Specifically, K.S.A. 59-2121(a) states, in part: "[N]o person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption." The subsection then proceeds to list the...