State v. Lindell

• Decision Date: 08 March 2013
• Docket Number: No. 11–0770.,11–0770.
• Citation: 828 N.W.2d 1
• Parties: State of IOWA, Appellant, v. Christopher Raymond LINDELL, Appellee.
• Court: Iowa Supreme Court

828 N.W.2d 1

State of IOWA, Appellant,

v.Christopher Raymond LINDELL, Appellee.

No. 11–0770.

Supreme Court of Iowa.

March 8, 2013.

Thomas J. Miller, Attorney General, Darrel L. Mullins, Assistant Attorney General, Michael J. Walton, County Attorney, and Jay Sommers, Assistant County Attorney, for appellant.

Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant Appellate Defender, for appellee.

ZAGER, Justice.

This appeal centers on the question of whether a previous conviction for stalking under Iowa Code section 708.11 can be used to establish a course of conduct for a subsequent stalking violation. We find the legislature intended that for purposes of determining whether an offense is a second or subsequent offense of stalking, prior violations of the stalking statute can be considered as evidence of the course of conduct necessary for a prosecution for stalking as a second or subsequent offense. We further find that the rule of lenity does not apply, as Lindell had sufficient notice that his conduct could give rise to additional criminal liability. Therefore, we reverse the district court and remand for further proceedings.

I. Background Facts and Proceedings.

The facts in this case are not in dispute. Christopher Raymond Lindell and A.C. were involved in a romantic relationship. In May 2010, A.C. attempted to break all ties with Lindell. Based on events occurring in April 2010, A.C. obtained an order of protection against Lindell in Polk County, Iowa, on April 26, 2010. At some point, A.C. moved to Scott County. However, in violation of the protective order, Lindell continued to make contact with A.C. These contacts included leaving a handwritten note and flowers on her car in June 2010; hang-up calls on July 4, 6, 9, and 11, 2010; a personal contact on July 4, 2010; and being at A.C.'s residence and damaging her automobile tires and other property on July 11, 2010. As a result of these contacts, A.C. obtained an additional order of protection in Scott County on July 11, 2010. A final incident occurred on August 23, 2010, when Lindell contacted A.C. twice by telephone. All of these incidents form the basis of the prior trial information charging Lindell with stalking, criminal mischief, and other charges.

On December 15, 2010, Lindell pled guilty to stalking, first offense, with protective order, in violation of Iowa Code section 708.11, and fourth-degree criminal mischief, in violation of Iowa Code section 716.1 (2009), for crimes committed against A.C. On January 20, 2011, Lindell received a deferred judgment on the stalking charge.¹ The court also continued the no-contact order for the protection of A.C.

On January 25, 2011, Lindell parked his vehicle in an area where he could look directly into the office where A.C. was working. When A.C. made eye contact with Lindell, he drove away. She immediately reported this contact to law enforcement. During the investigation, Lindell admitted he had been at that location but claimed he had a legitimate reason for being there.

In response to this incident, Christopher Lindell was charged by amended trial information with stalking, second offense, or, alternatively, stalking in violation of a protective order, in violation of Iowa Code sections 708.11(3)( b)(1) and 708.11(3)( b)(4).

Lindell filed a motion for a bill of particulars, arguing the State had not alleged sufficient facts in its trial information and minutes of testimony to support a violation of the stalking statute, as the State had only detailed one incident of harassment in its minutes of testimony. In its ruling on Lindell's motion for a bill of particulars, the district court ordered that the State must “file a bill of particulars specifically stating the two or more occasions that constitute the course of conduct under Iowa Code section 708.11.” The district court required that the two or more occasions “shall be separate from those alleged in the Minutes of Testimony in [Lindell's prior conviction].”

In response, the State submitted additional minutes of testimony, detailing stalking incidents that had formed the factual basis for Lindell's prior conviction for stalking, but failed to file a bill of particulars in response to the court's order. Lindell then filed a motion to dismiss, alleging the State had failed to state at least one additional incident of harassing behavior, despite the court's order to do so. Thus, the trial information failed to contain sufficient facts to establish the necessary elements of the crime of stalking.

The State argued it had cured its defect by supplementing the minutes of testimony with information regarding Lindell's prior convictions. Lindell asserts that double jeopardy principles preclude the State from using the prior incidents to establish the course of conduct required in the current stalking charge. Specifically, Lindell argued that the use of the previous incidents, for which he was convicted, to prove the required course of conduct, would violate the Double Jeopardy Clause. The district court granted the motion to dismiss. The State appealed the decision of the district court. We retained the appeal.

II. Scope of the Review.

We review double jeopardy claims de novo, due to their constitutional nature. State v. Kramer, 760 N.W.2d 190, 193–94 (Iowa 2009). To the extent the issue involves the interpretation of a statute, this court reviews for correction of errors at law. In re Det. of Johnson, 805 N.W.2d 750, 753 (Iowa 2011).

III. Discussion and Analysis.

A. Double Jeopardy. Lindell asserts the State is putting him in jeopardy for conduct for which he has already been convicted and punished. Specifically, he alleges the State is charging he violated Iowa Code section 708.11 by committing acts which also served as the basis for a prior conviction. The State alleges that Lindell's interpretation of the statute would allow those who have stalked a victim before to engage in “one free stalk” of that victim, so long as it occurs after a conviction.

1. Iowa constitutional claim. As an initial matter, the State argues that the double jeopardy provision of the Iowa constitution does not apply. We agree. Unlike some other constitutional provisions, Iowa's double jeopardy provision is distinct from the Federal Double Jeopardy Clause, merely requiring that “[n]o person shall after acquittal, be tried for the same offence.” Iowa Const. art. I, § 12. As Lindell was not acquitted, we need not evaluate his claims based on Iowa's double jeopardy provision.

2. Scope of federal double jeopardy protection. The Double Jeopardy Clause of the United States Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const. amend. V. The Fourteenth Amendment binds the states to the Double Jeopardy Clause. Benton v. Maryland, 395 U.S. 784, 794, 89 S.Ct. 2056, 2062, 23 L.Ed.2d 707, 716 (1969); State v. Franzen, 495 N.W.2d 714, 715 (Iowa 1993). The Double Jeopardy Clause serves to create finality and to prevent prosecutorial overreaching. State v. Burgess, 639 N.W.2d 564, 568 (Iowa 2001). “The purpose of this clause is to protect against: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense.” Id.

3. Double jeopardy analysis hinges on legislative intent. At its core, double jeopardy analysis asks what the legislature intended. State v. McKettrick, 480 N.W.2d 52, 57 (Iowa 1992). The central question is whether Lindell is being subject to a second prosecution for the same offense for which he had previously been convicted and whether he is being punished again for the same offense. We note that it is the legislature, “and not the prosecution, which establishes and defines offenses. Few, if any, limitations are imposed by the Double Jeopardy Clause on the legislative power to define offenses.” Sanabria v. United States, 437 U.S. 54, 69, 98 S.Ct. 2170, 2181, 57 L.Ed.2d 43, 57 (1978).

In considering a double jeopardy claim within the multiple punishments context, we are guided by the general principle that the question of what punishments are constitutionally permissible is no different from the question of what punishments the legislature intended to be imposed.

McKettrick, 480 N.W.2d at 57. Both the State, citing Missouri v. Hunter, 459 U.S. 359, 366–68, 103 S.Ct. 673, 678–79, 74 L.Ed.2d 535, 542–44 (1983), and Lindell, citing McKettrick, 480 N.W.2d at 57, agree that the crux of the analysis of whether Lindell's right to be free from double jeopardy has been violated is a determination of what the legislature intended when it enacted the stalking statute.

B. Intent of the Legislature. We have consistently stated that the purpose of statutory interpretation is to determine legislative intent. See, e.g., In re Estate of Bockwoldt, 814 N.W.2d 215, 223 (Iowa 2012).

“We give words their ordinary and common meaning by considering the context within which they are used, absent a statutory definition or an established meaning in the law. We also consider the legislative history of a statute, including prior enactments, when ascertaining legislative intent. When we interpret a statute, we assess the statute in its entirety, not just isolated words or phrases.”

Id. (quoting Doe v. Iowa Dep't of Human Servs., 786 N.W.2d 853, 858 (Iowa 2010)) (citations omitted).

In ascertaining legislative intent, we consider “the statute's subject matter, the object to be accomplished, the purpose to be served, underlying policies, remedies provided, and the consequences of the various interpretations.” State v. Dohlman, 725 N.W.2d 428, 431 (Iowa 2006) (citation and internal quotation marks omitted). We also consider the legislative history of a statute when determining legislative intent. Id. at 431–32. Finally, we construe criminal statutes strictly and resolve doubts in favor of the...