State v. Martini, 2003-387-C.A.
Decision Date | 26 November 2004 |
Docket Number | No. 2003-387-C.A.,2003-387-C.A. |
Parties | STATE v. Thomas MARTINI. |
Court | Rhode Island Supreme Court |
Lauren Sandler Zurier, Providence, for Plaintiff.
Catherine A. Gibran, Providence, for Defendant.
Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.
This case came before the Supreme Court on September 28, 2004, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the issues raised on appeal at this time.
On December 3, 2002, by criminal information filed in Kent County Superior Court, the defendant, Thomas Martini (defendant), was charged with disorderly conduct in violation of G.L.1956 § 11-45-1, G.L.1956 § 12-29-5, and § 12-29-2. The information alleged that on October 8, 2002, after having been refused entry to the apartment he and his girlfriend shared, defendant repeatedly kicked and punched a door and then entered their apartment through a basement window.1 Pursuant to the enhanced sentencing provisions of the Domestic Violence Prevention Act (DVPA), § 12-29-5, defendant, having been previously convicted of two qualifying domestic violence offenses, was charged with a felony crime of domestic violence. It is undisputed that defendant previously had been convicted of two domestic violence offenses that are prerequisites for receiving the sentencing enhancements under § 12-29-5(c).2
On January 21, 2003, defendant moved to dismiss the criminal information pursuant to Rule 9.1 of the Superior Court Rules of Criminal Procedure. Relevant to this appeal, defendant argued that, pursuant to G.L.1956 § 11-1-2, disorderly conduct is classified as a petty misdemeanor and, by its terms, § 12-29-5(c) provides for enhanced penalties for anyone "convicted of an offense punishable as a misdemeanor." Consequently, defendant argued that a violation of § 11-45-1(a) is exempt from the sentencing enhancements of § 12-29-5. The Superior Court trial justice agreed, and on March 19, 2004, she granted defendant's motion to dismiss and subsequently denied the state's motion for reconsideration. The state timely appealed. We affirm.
On appeal, the state asserts that a disorderly conduct conviction under § 11-45-1 is subject to the sentencing enhancements provided in § 12-29-5(c). The state argues that § 12-29-2(a), provides that disorderly conduct "when committed by one family or household member against another" qualifies as a domestic violence offense and, for purposes of the DVPA, is a misdemeanor subject to the enhanced sentencing provisions of § 12-29-5(c). The state contends that by cross-referencing the penalty provisions of the DVPA, the Legislature intended to subject petty misdemeanors to the enhanced sentencing provisions in § 12-29-5(c). In addition, the state suggests that defendant's construction of § 12-29-2 and § 12-29-5 should be rejected under basic principles of statutory construction because it would be inconsistent with the Legislature's intent to prevent domestic violence and punish repeat offenders. Lastly, the state argues that defendant's position produces an absurd result by allowing offenders to escape the enhanced sentencing provisions of § 12-29-2(c) without regard to the number of convictions of disorderly conduct under § 11-45-1.
"When addressing a motion to dismiss a criminal information, a [Superior Court] justice is required to examine the information and any attached exhibits to determine whether the state has satisfied its burden to establish probable cause to believe that the offense charged was committed and that the defendant committed it." State v. Fritz, 801 A.2d 679, 682 (R.I.2002) (citing State v. Aponte, 649 A.2d 219, 222 (R.I.1994) and G.L.1956 § 12-12-1.7; Super.R.Crim.P. 9.1). We review a trial justice's "decision to grant a criminal defendant's motion to dismiss by examining whether the justice's findings are supported by the evidence or whether, in making those findings, the justice misconceived or overlooked material evidence." Id. at 683. Moreover, in a case that presents a question of law, we review "issues of statutory interpretation de novo." Machado v. State, 839 A.2d 509, 512 (R.I.2003).
"`It is well settled that when the language of a statute is clear and unambiguous, this Court must interpret the statute literally and must give the words of the statute their plain and ordinary meanings.'" State v. DiCicco, 707 A.2d 251, 253 (R.I.1998). Moreover, and significantly, in State v. Carter, 827 A.2d 636, 643-44 (R.I.2003), we held that the language of a penal statute must be read narrowly, that penal statutes must be strictly construed in favor of the defendant, and that the penal statute "`must contain a description or definition of the act or conduct which comprises the offense contemplated therein stated with legal certainty.'"3
A conviction for disorderly conduct under § 11-45-1(a), subjects the offender to the penalties enumerated in § 11-45-1(c): "[a]ny person found guilty of the crime of disorderly conduct shall be imprisoned for a term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both."
Under our law, the crime of disorderly conduct is a petty misdemeanor. Section 11-1-2 sets forth four distinct categories of criminal offenses based upon the potential punishment imposed upon the offender if convicted:
(Emphases added.)
Accordingly, the penalty provisions set forth in § 11-45-1 classify disorderly conduct as a "petty misdemeanor," and not as a misdemeanor crime.
We note, however, that § 11-45-1(d) cross-references the DVPA by providing, "[w]here the provisions of `The Domestic Violence Prevention Act,' chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5." In addition to the penalties set forth in § 11-45-1, a defendant convicted of disorderly conduct against a family or household member is also subject to the following:
Thus, "every person convicted of or placed on probation for a crime involving domestic violence" as defined in § 12-29-2, in addition to the penalties for the underlying offense, is subject to the mandatory penalty provisions of § 12-29-5(a) and § 12-29-5(b).4 In contrast, § 12-29-5(c)(1) does not encompass "[e]very person convicted of or placed on probation for a crime involving domestic violence," but is limited to persons "convicted of an offense punishable as a misdemeanor involving domestic violence as defined in § 12-29-2."5 By its terms, § 12-29-5(c)(1) excludes from its provisions offenses that are not punishable as a misdemeanor. When read narrowly, as we are constrained to do, the language of § 12-29-5(c) is a clear recognition by the Legislature that not all of the domestic violence offenses enumerated in § 12-29-2 are misdemeanors. We are satisfied that § 12-29-5(c)(1) does not serve to reclassify disorderly conduct as a misdemeanor for the purposes of the DVPA.
We note that one fundamental difference between disorderly conduct and the other crimes enumerated in § 12-29-2 is that disorderly conduct is not necessarily a crime against a person. For example, under § 11-45-1, a person may commit an act of disorderly conduct by merely engaging in "tumultuous behavior" and there may not necessarily be a complainant for a violation of this statute or a police officer may serve as a complainant for a violation of this statute. With the exception of trespass, the other crimes enumerated in § 12-29-2 by definition are crimes of violence committed against another person: simple assault, felony assault, vandalism, kidnapping, child-snatching, sexual assault, homicide, violation of a protective...
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