State v. Landis
| Citation | 362 S.C. 97,606 S.E.2d 503 |
| Decision Date | 06 December 2004 |
| Docket Number | No. 3904.,3904. |
| Court | Court of Appeals of South Carolina |
| Parties | The STATE, Respondent, v. Harley L. LANDIS, Appellant. |
Jeffrey Falkner Wilkes, of Greenville, for Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.
In this criminal action, Harley L. Landis (Landis) appeals his conviction for driving under the influence (DUI). We affirm.
On November 27, 2000, South Carolina Highway Patrol Trooper David Davis (Trooper Davis) observed a vehicle driven by Landis headed northbound on Interstate 85. Landis was weaving and straddling the center lane. A State Transport Police Officer had taken a position immediately behind Landis' vehicle. The State Transport Police Officer initiated blue lights and pulled Landis over to the side of the interstate. Trooper Davis then pulled behind the Transport Police Officer. After the Transport Officer removed Landis from his car, Trooper Davis performed the field sobriety test, determined Landis was impaired, and placed him under arrest for DUI. There was no videotape of the incident site because Trooper Davis' videotape machine was inoperable at the time of Landis' arrest.
Landis was convicted by a magistrate's court jury and fined $637. On appeal, the circuit court affirmed the conviction and sentence of Landis.
"In criminal appeals from magistrate or municipal court, the circuit court does not conduct a de novo review, but instead reviews for preserved error raised to it by appropriate exception." State v. Henderson, 347 S.C. 455, 457, 556 S.E.2d 691, 692 (Ct.App.2001); accord Rogers v. State, 358 S.C. 266, 594 S.E.2d 278 (2004)
(quoting City of Landrum v. Sarratt, 352 S.C. 139, 141, 572 S.E.2d 476, 477 (Ct.App.2002)). In criminal cases, the court of appeals sits to review errors of law only and is bound by the factual findings of the trial court unless clearly erroneous. State v. Wilson, 345 S.C. 1, 545 S.E.2d 827 (2001); State v. Cutter, 261 S.C. 140, 199 S.E.2d 61 (1973); State v. Bowie, 360 S.C. 210, 600 S.E.2d 112 (Ct.App.2004).
Landis contends the circuit court erred in affirming his conviction because the State failed to comply with the mandatory provisions of section 56-5-2953 of the South Carolina Code (Supp.2001) requiring videotaping at the incident site. Landis presents two arguments supporting his position. First, he argues the circuit court erred in finding that Trooper Davis constituted the arresting officer as contemplated by section 56-5-2953. Second, Landis alleges the circuit court erred in finding that the affidavit requirement of section 56-5-2953(B) was satisfied by the State. We disagree and affirm.
The legislature's intent should be ascertained primarily from the plain language of the statute. Morgan at 366, 574 S.E.2d 203, 547 S.E.2d at 206. Words must be given their plain and ordinary meaning without resorting to subtle or forced construction which limits or expands the statute's operation. Id. When faced with an undefined statutory term, the court must interpret the term in accord with its usual and customary meaning. Id. This Court must apply clear and unambiguous terms of a statute according to their literal meaning. State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991). We should consider, not merely the language of the particular clause being construed, but the word and its meaning in conjunction with the purpose of the whole statute and the policy of the law. Whitner v. State, 328 S.C. 1, 492 S.E.2d 777 (1997). The terms must be construed in context and their meaning determined by looking at the other terms used in the statute. Hudson, 336 S.C. 237, 519 S.E.2d 577.
When a statute's language is plain and unambiguous, and conveys clear and definite meaning, there is no occasion for employing rules of statutory interpretation and a court has no right to look for or impose another meaning. City of Camden v. Brassell, 326 S.C. 556, 486 S.E.2d 492 (Ct.App.1997). The statute as a whole must receive a practical, reasonable, and fair interpretation consonant with the purpose, design, and policy of lawmakers. Id. Any ambiguity in a statute should be resolved in favor of a just, equitable, and beneficial operation of the law. Id.; City of Sumter Police Dep't v. One 1992 Blue Mazda Truck, 330 S.C. 371, 498 S.E.2d 894 (Ct.App.1998).
Landis asserts the State Transport Police Officer — not Trooper Davis — was the arresting officer at the incident site. Consequently, Landis contends that any effort by the State to comply with the statutory requirements of section 56-5-2953 must be met by the State Transport Officer as the arresting officer. The circuit court found Trooper Davis, not the State Transport Officer, was the arresting officer pursuant to section 56-5-2953. We agree.
Section 56-7-2953 provides, in pertinent part:
S.C.Code Ann. (Supp.2001) (emphasis added).
The statute does not define "arresting officer." Consequently, we must interpret this phrase in accord with its usual and customary meaning. See City of Camden v. Brassell, 326 S.C. 556, 486 S.E.2d 492 (Ct.App.1997)
().
Pellucidly, the record supports the finding that Trooper Davis was the "arresting officer" as that phrase is ordinarily understood. Trooper Davis personally observed Landis' driving prior to the traffic stop. He arrived at the scene simultaneously with the State Transport Officer. Trooper Davis pulled in directly behind the Transport Officer and approached just after Landis had been removed from his vehicle. Moreover, Trooper Davis conducted the field sobriety test, determined Landis was impaired, and placed him under arrest for DUI.
In State v. Garvin, 341 S.C. 122, 533 S.E.2d 591 (Ct.App.2000), we noted:
The term "arrest" has a technical meaning, applicable in legal proceedings. It implies that a person is thereby restrained of his liberty by some officer or agent of the law, armed with lawful process, authorizing and requiring the arrest to be made. It is intended to serve, and does serve, the end of bringing the person arrested personally within the custody and control of the law, for the purpose specified in, or contemplated by, the process.
Id. at 126-27, 533 S.E.2d at 593 (quoting State v. Leak, 11 N.C.App. 344, 181 S.E.2d 224 (1971)). Trooper Davis "restrained [Landis] of his liberty" and brought him "within the custody and control of the law." Therefore, we hold that the State Transport Officer merely assisted in facilitating the traffic stop. Trooper Davis was the arresting officer responsible for meeting the statutory videotaping requirements of section 56-5-2953(A).
Landis argues the State failed to comply with the videotape requirements of the incident scene contained in section 56-5-2953(A) of the South Carolina Code (Supp.2001). Specifically, Landis contends the circuit court erred in affirming his conviction because the affidavit prepared by Trooper Davis was not entered into evidence at trial. We disagree.
Section 56-5-2953(A) provides that a person charged with driving under the influence shall have "his conduct at the incident site and the breath test site videotaped." Videotaping at the incident site must begin not later than the activation of the officer's blue lights and conclude after the arrest of the person. S.C.Code Ann. section 56-5-2953(A)(1)(a) (Supp.2001). While Trooper Davis was unable to videotape the arrest due to the inoperable condition of his videotape equipment, section 56-5-2953(B) clearly envisions instances where videotape might not be available at the incident site and provides:
Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or XX-X-XXXX. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or XX-X-XXXX if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest,...
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