State v. Elgin

• Decision Date: 05 March 1992
• Docket Number: No. 57509-6,57509-6
• Citation: 118 Wn.2d 551,825 P.2d 314
• Parties: STATE of Washington, Petitioner, v. Jack A. ELGIN, Respondent.
• Court: Washington Supreme Court

Page 551

118 Wn.2d 551

825 P.2d 314

STATE of Washington, Petitioner, v. Jack A. ELGIN, Respondent.

No. 57509-6.

Supreme Court of Washington En Banc.

March 5, 1992.

Norm Maleng, Pros. Atty., and Donna L. Wise, Sr. Appellate Atty., Seattle, for petitioner.

Paris K. Kallas, Washington Appellate Defender Ass'n, Seattle, for respondent.

GUY, Justice.

The defendant was convicted in district court of a repeat offense of driving while intoxicated (DWI). A series of appeals followed, arising from confusion regarding the sentencing provision of RCW 46.61.515(2). This case presents the issue whether RCW 46.61.515(2) permits a sentence of over 1 year for a repeat DWI offense. We hold that it does not. The maximum jail term allowed under RCW 46.61.515(2), including both "nonsuspendable and nondeferrable" as well as "suspended" sentences, is 1 year.

FACTS

Jack Elgin was convicted in Federal Way District Court of a DWIoffense. Because Mr. Elgin had prior DWI convictions within the previous 5 years, the court sentenced him to 1 year of confinement with no time suspended, pursuant to the repeat offender provision of RCW 46.61.515(2). Mr. Elgin appealed his sentence to the King County Superior Court, which reversed, holding that under RCW 46.61.515(2), at least 6 months of the 1-year sentence must be suspended. On review of the Superior Court's decision, the Court of Appeals also concluded that the sentence imposed by the District Court was improper, but for a different reason. State v. Elgin, 54 Wash.App. 739, 775 P.2d 991 (1989). According to the Court of Appeals, RCW 46.61.515(2) provides for a 2-part sentencing process for repeat DWI offenses. 54 Wash.App. at 741, 775 P.2d 991. The first part is punitive and the second part is remedial. Under the punitive part, stated the Court of Appeals, the sentencing court must impose a sentence of between 7 days and 1 year. The court explained that this sentence is nondeferrable and nonsuspendable, except under circumstances inapplicable to this case. 54 Wash.App. at 741, 775 P.2d 991. Under the remedial part of the statute, the court must impose and suspend a term of up to 180 days. The Court of Appeals therefore concluded that the District Court erred only in failing to impose and suspend the sentence required by the second part of the statute and remanded the case for resentencing. 54 Wash.App. at 742, 775 P.2d 991.

On remand, the District Court reimposed Mr. Elgin's original mandatory jail term of 1 year, and then imposed and suspended an additional jail term of 180 days, making the suspension contingent upon Mr. Elgin's compliance with specified conditions of treatment. On a second appeal from the District Court's decision, the Superior Court held that the District Court lacked jurisdiction and so reversed and dismissed the case. The Superior Court reasoned that the Court of Appeals interpretation of RCW 46.61.515(2) permits imprisonment for over 1 year on a second or subsequent DWI conviction, and that therefore such a conviction is a felony class crime, as defined in RCW 9A.04.040(2). Because the district court is a court of limited jurisdiction and as such lacks jurisdiction over felonies, the Superior Court concluded that the Federal Way District Court lacked jurisdiction in the present case and therefore ordered the prosecution dismissed.

This court granted the State's petition for discretionary review of the Superior Court's ruling that the District Court lacked jurisdiction. We hold that RCW 46.61.515(2) permits a sentence for a repeat DWI offense of no more than 1 year. A repeat DWI offense is not a felony. The District Court in the present case therefore had jurisdiction, but erred only in sentencing Mr. Elgin for a period greater than that permitted under the statute. Consequently, we reverse the Superior Court's decision and remand the case to the District Court for resentencing.

ANALYSIS

This case presents the issue whether the sentence for a repeat DWI offense may exceed 1 year. Resolution of this issue requires we interpret RCW 46.61.515(2), which provides in pertinent part:

On a second or subsequent conviction for [DWI] within a five-year period a person shall be punished by imprisonment for not less than seven days nor more than one year ... The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being....

In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.

This statute requires a sentence consisting of two parts. One part consists of a sentence of between 7 and 365 days' imprisonment. The jail time imposed is nondeferrable and nonsuspendable unless its imposition would pose a risk to the offender's well-being. This part of the sentence will subsequently be referred to as the "mandatory sentence". The other part consists of an additional sentence, not exceeding 180 days, which the court must suspend subject to the offender complying with treatment conditions the court specifies. This part of the sentence will subsequently be referred to as the "suspended sentence".

The difficulty regarding RCW 46.61.515(2) arises because, on its face, the statute appears to permit the sentencing court to impose a mandatory sentence of 1 year and a suspended sentence of 180 days, yielding a combined sentence of 1 and 1/2 years. Under RCW 9A.04.040(2), a crime is a felony if persons convicted of that crime may be sentenced to a term in excess of 1 year. Being a court of limited jurisdiction, the district court has only such jurisdiction as the Legislature specifically confers. Const. art. 4, § 10. The Legislature has not granted to the district court criminal jurisdiction over felonies. RCW 3.66.060(1). Consequently, if RCW 46.61.515(2) permits a repeat DWI offender to be sentenced to over 1 year of imprisonment, then a repeat DWI would be a felony over which the district court would lack jurisdiction.

This court has the ultimate authority to determine the meaning and purpose of a statute. Multicare Med. Ctr. v. Department of Social & Health Servs., 114 Wash.2d 572, 582 n. 15, 790 P.2d 124 (1990). Our paramount duty in statutory interpretation is to give effect to the Legislature's intent. WPPSS v. General Elec. Co., 113 Wash.2d 288, 292, 778 P.2d 1047 (1989). We avoid a literal reading of a statute if it would result in unlikely, absurd, or strained consequences. State v. Neher, 112 Wash.2d 347, 351, 771 P.2d 330 (1989). "The spirit or purpose of an enactment should prevail over the express but inept wording." State v. Day, 96 Wash.2d 646, 648, 638 P.2d 546 (1981).

Accordingly, in interpreting RCW 46.61.515(2), we must seek to determine if the Legislature intended to permit repeat DWI offenders to be sentenced to up to 1 and 1/2 years of imprisonment, and thereby to make second or subsequent DWI offenses felony class crimes. For several reasons we are persuaded the Legislature could not have so intended.

Historically, a repeat offense of DWI has been classified as a nonfelony offense. Under Washington's first drunk driving statute, enacted in 1927, the maximum length of imprisonment for a second or subsequent DWI offense was expressly stated to be 1 year. Laws of 1927, ch. 309, § 51. The statute did not explicitly state whether a repeat DWI was a felony or a misdemeanor, but the corresponding crime classification statute established the crime as a nonfelony. Laws of 1927, ch. 309, § 53. The Legislature has never explicitly changed the nonfelony status of repeat DWI offenses.

In particular, the Legislature failed to give any indication that it intended to change the nonfelony status of repeat DWI offenses when it amended RCW 46.61.515 to create the present framework of mandatory and suspended sentences. Laws of 1979, 1st Ex.Sess., ch. 176, § 6. With respect to at least two other specific gross misdemeanors, the Legislature has clearly distinguished between first and subsequent offenses, making subsequent offenses felonies under specified conditions. Laws of 1985, ch. 288, § 2 (harassment; codified at RCW 9A.46.020(2)); Laws of 1984, ch. 262, § 8 (communicating with a minor for immoral purposes; codified at RCW 9.68A.090). Without such an explicit indication from the Legislature, we are reluctant to interpret RCW 46.61.515(2) in a way requiring a departure from the long-standing tradition of treating repeat DWI offenses as nonfelonies.

Moreover, regarding a repeat DWI as a felony under RCW 46.61.515(2) would create conflicts within the statute itself as well as with other statutes. We interpret the statute so as to give effect to the legislative intent as determined within the context of the entire statute. Cherry v. Municipality of Metro. Seattle, 116 Wash.2d 794, 800, 808 P.2d 746 (1991). RCW 46.61.515(2) explicitly authorizes the district court to impose a monetary fine on repeat DWI offenders. This is incongruous with the view that the same subsection makes a repeat DWI a felony and so strips the district court of jurisdiction over sentencing for repeat DWI offenses. In addition, within Chapter 46.61 RCW, only three crimes are explicitly identified as felonies, and repeat DWI is not one of them. The felony-class crimes within RCW 46.61 are: vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), and eluding a police officer (RCW 46.61.024). Therefore, if RCW 46.61.515(2) makes repeat DWI offenses felonies,...