State v. McCOIN
| Decision Date | 09 June 2004 |
| Citation | 91 P.3d 760,193 Or. App. 623 |
| Parties | STATE of Oregon, Respondent, v. Allen McCOIN, Appellant. |
| Court | Oregon Court of Appeals |
Rebecca Duncan, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.
Steven R. Powers, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Celeste Mountain, Certified Law Student.
Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.
In this consolidated appeal, defendant challenges the sufficiency of the evidence on two convictions for second-degree failure to appear. In both cases, he failed to appear at hearings related to his driving under the influence of intoxicants (DUII) diversion agreement. He argues that the diversion agreement effectively stayed the underlying charges and that, as a result, his failure to appear was not "in connection with a charge" against him as provided in the statute that defines the offense. ORS 162.195(1)(a). The state responds that the diversion agreement did not stay the DUII charges themselves and that, as a result, defendant's failure to appear in fact was "in connection with a charge." We agree with the state and affirm. The relevant facts are not in contention. Defendant was charged with DUII. ORS 813.010. He entered into an agreement under the terms of which the criminal proceeding against him was stayed for one year pending completion of a diversion program. ORS 813.230(2) (2001).1
In connection with the diversion agreement, defendant was required to appear in court on August 11, 2000. On that date, however, defendant failed to appear. He was charged with one count of second-degree failure to appear in case number A113653.
A warrant was issued, and defendant was arrested. He was again conditionally released and required to appear in court on September 22, 2000. Defendant failed to attend that hearing as well. As pertinent here, in case number A113653, he was charged with an additional count of second-degree failure to appear in connection with the DUII charge.
Both cases were tried to the court. In both cases, defendant moved for a judgment of acquittal, contending that the state had failed to prove that he had failed to appear in connection with the DUII charge because the diversion agreement had suspended the charge. The trial court denied the motion, and defendant was found guilty of the described counts of second-degree failure to appear. On appeal, defendant challenges those convictions. In both cases, he renews his argument that, because the diversion agreement suspended the underlying DUII charge, the state failed to prove a material element of the failure-to-appear charges.
Because the appeal turns on the meaning of the applicable statutes, we review the trial court's ruling for errors of law, State v. Rodarte, 178 Or.App. 173, 176, 35 P.3d 1116 (2001), applying the interpretive method set out in PGE v. Bureau of Labor and Industries, 317 Or. 606, 610-12, 859 P.2d 1143 (1993). In accordance with that interpretive method, we attempt to ascertain the intended meaning of the statutes by reference to their text in context and, if necessary, the legislative history and other aids to construction. Id.
(Emphasis added.) The issue in this case is whether the state has demonstrated that defendant failed to appear "in connection with a charge." Specifically, the issue is whether the existence of the diversion agreement had the effect of staying the charge of DUII against defendant.
ORS 813.230(2) provided:
(Emphasis added.) As a condition of diversion, the court was authorized to "issue an order requiring defendant to appear and show cause why the court should not terminate the diversion agreement." ORS 813.255(1). If the defendant failed to appear in response to the order to show cause, the court was required to "terminate the diversion agreement and continue the offense proceeding." ORS 813.255(3)(b) (emphasis added).
The foregoing statutes make this much clear: First, what must be shown to prove second-degree failure to appear is a failure to appear in connection with a "charge." Second, under the applicable statutes, what was stayed pursuant to a diversion agreement was a DUII "offense proceeding." Thus, the statutory construction issue reduces to the question whether a stay of the DUII "offense proceeding" occasioned by the diversion agreement means that the DUII "charge" itself has been stayed.
The term "charge" is not defined in the statutes. In such cases, we generally give statutory terms their "plain, natural, and ordinary meaning." PGE, 317 Or. at 611, 859 P.2d 1143. As pertinent to this case, a "charge" ordinarily refers to "an accusation of a wrong or offense" and is commonly regarded as synonymous with "allegation" or "indictment." Webster's Third New Int'l Dictionary 377 (unabridged ed 1993). An "offense" is defined in ORS 161.505 as "conduct for which a sentence to a term of imprisonment or to a fine is provided[.]" An "offense" may be a "crime," that is, it may be either a felony or...
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State v. Stamper
...method, we attempt to ascertain the intended meaning of the statute first by reference to its text in context. Id.; State v. McCoin, 193 Or.App. 623, 626, 91 P.3d 760 (2004). In our examination of the text in context, we assume that the legislature intended the words of the statute to carry......