State v. Champion

• Decision Date: 31 October 2002
• Docket Number: No. 01-1894-CR.,01-1894-CR.
• Citation: 2002 WI App 267,654 N.W.2d 242,258 Wis.2d 781
• Parties: STATE of Wisconsin, Plaintiff-Respondent, v. Dawn M. CHAMPION, Defendant-Appellant.
• Court: Wisconsin Court of Appeals

258 Wis.2d 781

2002 WI App 267

654 N.W.2d 242

STATE of Wisconsin, Plaintiff-Respondent, v. Dawn M. CHAMPION, Defendant-Appellant.¹

No. 01-1894-CR.

Court of Appeals of Wisconsin.

Oral argument May 31, 2002.

Decided October 31, 2002.

On behalf of the defendant-appellant, the cause was submitted on the briefs of and oral argument by Trish Arreazola of Sedor & Hoag, S.C., Janesville.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Kathleen M. Ptacek, assistant attorney general, and James E. Doyle, attorney general. There was oral argument by Kathleen M. Ptacek.

Before Dykman, Roggensack and Lundsten, JJ.

¶ 1. LUNDSTEN, J.

Dawn M. Champion appeals an order denying her motion for sentence modification. Champion was sentenced under truth-in-sentencing.² Champion argues that events relating to her rehabilitation while in confinement constitute a new sentencing factor, thereby making her eligible for sentence modification. We conclude that events subsequent to sentencing and relating to rehabilitation do not constitute a new sentencing factor, and affirm the circuit court.

Background

¶ 2. Champion pled guilty to the crime of causing great bodily harm by the operation of a vehicle while under the influence of an intoxicant, contrary to WIS. STAT. § 940.25(1)(a) (1997-98).³ She was sentenced under truth-in-sentencing. Champion received a six-year sentence composed of three years of confinement and three years of extended supervision. At the sentencing hearing, the trial court expressed the hope that the sentence imposed included enough confinement time to allow Champion to receive treatment for her alcohol and drug abuse issues.

¶ 3. After about fourteen months of confinement, Champion moved to modify the confinement portion of her sentence from three years to two years. Champion presented evidence that she would soon complete all of the programming available to her while in prison. Champion argued that she had met the rehabilitation objective of the original sentence in less time than anticipated by the court, and that her quick completion of rehabilitation programs presented a new sentencing factor. The circuit court denied the motion, stating that rehabilitation is not a new factor as a matter of law.

Discussion

[1-6]

¶ 4. The law governing sentence modification based on a "new factor" is well settled. A defendant seeking modification based on a new factor must show (1) that the new factor exists and (2) that the new factor justifies modification of the sentence. See State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). A "new factor" is

a fact or set of facts highly relevant to the imposition of sentence, but not known to the trial judge at the time of original sentencing, either because it was not then in existence or because, even though it was then in existence, it was unknowingly overlooked by all of the parties.

Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975). In addition, "a `new factor' must be an event or development which frustrates the purpose of the original sentence." State v. Michels, 150 Wis. 2d 94, 99, 441 N.W.2d 278 (Ct. App. 1989). "New factors" must be proved by clear and convincing evidence. Franklin, 148 Wis. 2d at 8-9. "Whether a set of facts is a `new factor' is a question of law which we review without deference to the trial court. Whether a new factor warrants a modification of sentence rests within the trial court's discretion." Michels, 150 Wis. 2d at 97 (citations omitted).

[7]

¶ 5. Champion contends that her early completion of all available rehabilitation programs constitutes a new factor. Champion reasons that (1) because her sentencing court's main concern was her alcohol and drug addiction, (2) because her sentencing court was unaware that she would complete all of the programming available in prison well before the end of her sentence, and (3) because this development frustrates the purpose of her original sentence, this court should conclude that Champion's quick rehabilitation meets the new factor test. ¶ 6. Champion acknowledges that, prior to truth-in-sentencing, her rehabilitation argument would have failed. This concession is appropriate. A number of cases have held that post-sentencing rehabilitation does not constitute a new factor.⁴ Champion correctly points out, however, that each of those cases was predicated on the existence of parole and the determination that an inmate's rehabilitation was an issue best addressed by the parole board. See State v. Kluck, 210 Wis. 2d 1, 7-8, 563 N.W.2d 468 (1997); see also State v. Scaccio, 2000 WI App 265, ¶ 15, 240 Wis. 2d 95, 622 N.W.2d 449. According to Champion, the absence of parole should cause this court to reconsider the limitations imposed prior to truth-in-sentencing with respect to using rehabilitation as a new sentencing factor. We disagree. We need not determine whether we should expand the common law as suggested by Champion because we agree with the State that Champion's proposal contravenes legislative intent behind truth-in-sentencing.⁵

¶ 7. Under truth-in-sentencing, every inmate must serve a bifurcated sentence of confinement followed by a term of extended supervision. See Michael B. Brennan & Donald V. Latorraca, Truth-in-Sentencing Comes to Wisconsin, 73 WIS. LAW., No. 5, May 2000, at 14-17. Truth-in-sentencing abolished both parole and confinement reductions for "good time." WIS. STAT. § 973.01(4) and (6).⁶ With limited exceptions, § 973.01 removed all statutory provisions that might serve to reduce an inmate's confinement based on the inmate's rehabilitation.⁷ In contrast, inmates sentenced under the law in place for felonies committed before December 31, 1999, become parole-eligible after serving one fourth of the imposed sentence. If such inmates are denied parole, they must wait up to a year, and in some cases longer, before being reconsidered for parole. WIS. ADMIN. CODE § PAC 1.06(2).

¶ 8. In effect, Champion asks this court to give truth-in-sentencing inmates an open-ended right to seek sentence modification whenever they believe they have a new rehabilitation argument. For example, Champion's proposal presumably permits an inmate who "unexpectedly" obtains a high school equivalency diploma or college degree to seek sentence modification. Our threshold inquiry is whether such a request is consistent with truth-in-sentencing legislation.

[8-10]

¶ 9. "The purpose of statutory interpretation is to discern the intent of the legislature." State v. Setagord, 211 Wis. 2d 397, 406, 565 N.W.2d 506 (1997). "A statute must be construed to promote its purpose and objective." City of Wisconsin Dells v. Dells Fireworks, Inc., 197 Wis. 2d 1, 20, 539 N.W.2d 916 (Ct. App. 1995). "In construing a statute, the court must consider it `in relation to its scope, history, context, subject matter and object to be accomplished.'" State v. Excel Mgmt. Servs., Inc., 111 Wis. 2d 479, 487, 331 N.W.2d 312 (1983) (quoting Kollasch v. Adamany, 104 Wis. 2d 552, 563, 313 N.W.2d 47 (1981)).

[11-15]

¶ 10. The construction of a statute is a question of law which we review without deference to the circuit court. DeMars v. LaPour, 123 Wis. 2d 366, 370, 366 N.W.2d 891 (1985). We first look to the language of the statute and attempt to interpret it based on "the plain meaning of its terms." State v. Williquette, 129 Wis. 2d 239, 248, 385 N.W.2d 145 (1986). Only when statutory language is ambiguous may we examine other construction aids such as legislative history, context, and subject matter. State v. Waalen, 130 Wis. 2d 18, 24, 386 N.W.2d 47 (1986). A statute is ambiguous if reasonable persons could disagree as to its meaning. Williquette, 129 Wis. 2d at 248. "When construing statutes we are to give them their common-sense meaning to avoid unreasonable and absurd results." Janssen v. State Farm Mut. Auto. Ins. Co., 2002 WI App 72, ¶ 16, 251 Wis. 2d 660, 643 N.W.2d 857.

¶ 11. As noted above, legislative history may aid in the construction of ambiguous statutes. When viewing legislative history, it is appropriate to consider materials created by the Legislative Council. See, e.g., Madison Landfills, Inc. v. Libby Landfill Negotiating Comm., 188 Wis. 2d 613, 630, 524 N.W.2d 883 (1994); State v. Mitchell, 144 Wis. 2d 596, 614, 424 N.W.2d 698 (1988); Hartlaub v. Coachmen Indus., Inc., 143 Wis. 2d 791, 800-01, 422 N.W.2d 869 (Ct. App. 1988). In addition, "[w]e may look to the [Legislative Reference] Bureau's analysis of a bill for aid when construing an ambiguous statute." La Palio v. Estate of Habelman, 145 Wis. 2d 228, 233, 426 N.W.2d 363 (Ct. App. 1988). Furthermore, "[d]rafting requests and statements made by sponsors of legislation prior to enactment have long been considered authoritative in construing legislative intent." State v. Post, 197 Wis. 2d 279, 344, 541 N.W.2d 115 (1995) (Abrahamson, J., dissenting) (footnote omitted); see also 2A NORMAN J. SINGER, SUTHERLAND STATUTORY CONSTRUCTION § 48.15, at 475-76 (6th ed. 2000); Kelley Co., Inc. v. Marquardt, 172 Wis. 2d 234, 248-49 & n.9, 493 N.W.2d 68 (1992) (statements by bill's sponsor comprise "legislative history" revealing purpose of statute); Foerster, Inc. v. Atlas Metal Parts Co., 105 Wis. 2d 17, 24, 313 N.W.2d 60 (1981) (statements by bill's sponsor, including a press release regarding the bill, provide evidence of legislative intent).

Of course, the interpretation by the author or sponsor of legislation is not binding on this court's interpretation of legislative enactments. Nor are comments by an agency affected by legislation or charged with implementing legislation binding on this court's interpretations of those legislative enactments. However, the interpretations of authors or sponsors or agencies may be persuasive and we will consider such information when useful and appropriate.

State Public Defender v. Circuit Court, 184 Wis. 2d 860, 868-69, 517 N.W.2d 144 (1994) (citations omitted).

¶ 12. The plain...