State Of Iowa Vs. Charles Edward Ross III ( 2007 )

IN THE SUPREME COURT OF IOWA
No. 126 / 05-0364
Filed March 23, 2007
STATE OF IOWA,
Appellee,
vs.
CHARLES EDWARD ROSS III,
Appellant.
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Polk County, Joel D. Novak,
Judge.
Defendant seeks further review of court of appeals decision rejecting,
in part, his challenge to imposition of fines and mandatory minimum
sentences on two convictions of second-degree robbery as a habitual
offender. DECISION OF COURT OF APPEALS VACATED; SENTENCES
VACATED IN PART AND AFFIRMED IN PART.
Patricia A. Reynolds, Acting State Appellate Defender, Nan Jennisch,
Assistant State Appellate Defender, for appellant.
Charles Edward Ross III, Fort Dodge, pro se.
Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant
Attorney General, John P. Sarcone, County Attorney, and James P. Ward,
Assistant County Attorney, for appellee.
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TERNUS, Chief Justice.
The appellant, Charles Edward Ross III, challenges his sentences on
two counts of robbery in the second degree as a habitual offender. He
claims the court was without authority to impose a fine because neither the
robbery statute nor the habitual-offender statute provide for a fine, a claim
with which the State agrees. Ross’s second challenge to his sentence
focuses on the court’s imposition of a period of imprisonment “as provided
by Iowa Code section[] . . . 902.12,” which requires a defendant to serve a
minimum of seventy percent of his sentence before becoming eligible for
parole. He claims this statute does not apply to sentences imposed on
habitual offenders.
The defendant’s appeal was transferred to the court of appeals. That
court vacated the defendant’s sentences in part, holding the district court
was without authority to impose a fine. The court of appeals refused to
address the defendant’s challenge to the applicability of section 902.12,
holding error had not been preserved.
We granted further review. We agree the district court had no
authority to impose a fine on the charges of second-degree robbery as a
habitual offender. We disagree, however, with the court of appeals’
disposition of the defendant’s challenge to the mandatory minimum aspect
of his sentences. Finding no error preservation problem and addressing
this claim on the merits, we conclude section 902.12 does apply, and the
court properly sentenced the defendant to serve a minimum of seventy
percent of his sentence. Accordingly, we vacate the court of appeals’
decision, vacate that portion of the defendant’s sentences imposing a fine,
and affirm the balance of the sentences imposed by the district court.
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I. Background Facts and Proceedings.
Ross pled guilty as a habitual offender to two counts of second-degree
robbery. See Iowa Code §§ 711.1, 711.3, 902.8 (2003). The defendant
waived his right to file a motion in arrest of judgment and requested
immediate sentencing. The district court found the defendant guilty and
imposed concurrent sentences “for a period not to exceed fifteen years as
provided in Iowa Code sections 902.3, 902.9 and 902.12.” The defendant
was ordered to pay restitution, court costs, a law-enforcement-initiative
surcharge, attorney fees, and a $5000 fine for each offense.
On appeal, the defendant’s counsel made one argument: the court
was without authority to impose a fine. In a pro se brief, the defendant
raised several additional issues, none of which were raised in the district
court. As we discuss below, one of these issues—the question of the legality
of imposing a mandatory minimum sentence—is not subject to the normal
error preservation rules. Consequently, we will address that claim on its
merits. The other issues raised in the defendant’s pro se brief were not
preserved, and therefore, we give them no consideration. 1
II. Standard of Review.
In determining the proper standard for review, we focus on the nature
of the defendant’s claimed error. The defendant contends his sentences
were not authorized by statute. A sentence not permitted by statute is
1The defendant claims the district court failed to inform him at the time of his guilty
plea that a mandatory minimum sentence would be applied to his habitual-offender
sentence, as required by Iowa Code section 901.5(7). The defendant failed to file a motion
in arrest of judgment raising this issue, and therefore, this argument has been waived. See
Iowa R. Crim. P. 2.24(3) (stating failure to challenge adequacy of plea proceeding by motion
in arrest of judgment precludes defendant from asserting such a claim on appeal). The
defendant also makes several challenges to the constitutionality of section 902.12 and the
application of that statute to him. These claims, being raised for the first time on appeal,
are also untimely. See State v. Ceaser, 585 N.W.2d 192, 195 (Iowa 1998) (holding
constitutional challenges to sentencing statutes are governed by normal error preservation
rules).
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illegal. See State v. Kress, 636 N.W.2d 12, 17 (Iowa 2001). “[T]he sentence
is illegal because it is ‘beyond the power of the court to impose.’ ” State v.
Ceaser, 585 N.W.2d 192, 195 (Iowa 1998) (quoting State v. Wilson, 294
N.W.2d 824, 825 (Iowa 1980)).
The issues raised by the defendant are, therefore, essentially
questions of statutory interpretation. Kress, 636 N.W.2d at 17.
Consequently, our review is for correction of errors of law. Id.
III. Legality of Fine.
The defendant asserts the district court was without authority to
impose a fine because neither the robbery statute nor the habitual-offender
statute provides for a fine. The State agrees, and so do we.
Second-degree robbery is a class “C” felony. See Iowa Code § 711.3.
Section 902.9(4) provides that a “class ‘C’ felon, not a habitual offender, . . .
shall be sentenced to a fine of at least one thousand dollars but not more
than ten thousand dollars.” Id. § 902.9(4) (emphasis added). The
sentencing statute for a habitual offender simply provides that an “offender
shall be confined for no more than fifteen years.” Id. § 902.9(3). Therefore,
the applicable statutes do not authorize a fine as part of the sentence for a
habitual offender convicted of second-degree robbery.
A sentence not permitted by statute is illegal and void. See State v.
Woody, 613 N.W.2d 215, 217 (Iowa 2000). Accordingly, the unauthorized
fines imposed as part of the defendant’s sentences must be vacated.
IV. Mandatory Minimum Sentence.
A. Error preservation. As noted above, the defendant did not
challenge the district court’s application of the mandatory minimum
sentence set forth in section 902.12 until this appeal. For this reason, the
court of appeals held error had not been preserved. Our cases do not
support this conclusion. We stated in Woody:
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An illegal sentence is void and “not subject to the usual
concepts of waiver, whether from a failure to seek review or
other omissions of error preservation.” Because an illegal
sentence is void, it can be corrected at any time.
613 N.W.2d at 217 (quoting State v. Ohnmacht, 342 N.W.2d 838, 843 (Iowa
1983)). Thus, we proceed to consider this issue on the merits.
B. Issue. The defendant argues that the minimum sentence
requirements for habitual offenders is that set forth in Iowa Code section
902.8, which provides: “A person sentenced as an habitual offender shall
not be eligible for parole until the person has served the minimum sentence
of confinement of three years.” The district court relied on Iowa Code
section 902.12(5) in sentencing the defendant to serve seventy percent of
his sentence. That statute provides:
A person serving a sentence for conviction of the
following felonies shall be denied parole or work release unless
the person has served at least seven-tenths of the maximum
term of the person’s sentence:
....
5. Robbery in the first or second degree in violation of
section 711.2 or 711.3.
Iowa Code § 902.12(5) (Supp. 2003). We must interpret these statutes to
determine whether section 902.12 applies to this defendant.
C. Governing legal principles. “ ‘When a minimum sentence is
prescribed . . . the legislature ordinarily requires a judicial determination of
its applicability.’ ” State v. Iowa Dist. Ct., 616 N.W.2d 575, 578 (Iowa 2000)
(quoting State v. Wilson, 314 N.W.2d 408, 409 (Iowa 1982)). Whether
section 902.12(5) applies to a habitual offender must be considered in light
of well-established principles of statutory interpretation:
“When the text of a statute is plain and its meaning
clear, the court should not search for meaning beyond the
express terms of the statute . . . .” However, where the
language of a statute is ambiguous, so that reasonable minds
would differ on the meaning, we turn to our rules of
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interpretation. The polestar of statutory interpretation is to
give effect to the legislative intent of a statute. We “consider
the objects sought to be accomplished and the evils and
mischiefs sought to be remedied, seeking a result that will
advance, rather than defeat, the statute’s purpose.” . . . [W]e
will not construe a statute in a way [that] creates an
impractical or absurd result, nor will we speculate as to the
probable legislative intent beyond what the language clearly
states.
State v. Tesch, 704 N.W.2d 440, 451 (Iowa 2005) (quoting State v. Schultz,
604 N.W.2d 60, 62 (Iowa 1999)); see also State v. Allen, 708 N.W.2d 361,
366 (Iowa 2006) (“Legislative intent is derived not only from the language
used but also from ‘the statute’s “subject matter, the object sought to be
accomplished, the purpose to be served, underlying policies, remedies
provided, and the consequences of the various interpretations.” ’ ” (quoting
Cox v. State, 686 N.W.2d 209, 213 (Iowa 2004))).
“[W]e ‘construe statutes that relate to the same or a closely allied
subject together so as to produce a harmonious and consistent body of
legislation.’ ” Iowa Dist. Ct., 616 N.W.2d at 578 (quoting State v. Casey’s
Gen. Stores, Inc., 587 N.W.2d 599, 601 (Iowa 1998)). “In addition, the
legislative history of a statute is instructive and we may consider it when
ascertaining legislative intent.” Allen, 708 N.W.2d at 366.
D. Discussion. The defendant argues the mandatory minimum
sentence applicable to his crime is the three-year mandatory minimum for
habitual offenders established in section 902.8. He claims the district court
erred in imposing the seventy-percent mandatory minimum sentence
provided for persons convicted of robbery in the second degree as
authorized by section 902.12.
Although we have never addressed this precise question, we
considered a similar issue in State v. Burgs, 479 N.W.2d 323 (Iowa 1992).
In that case, the defendant, Nathan Burgs, was convicted of a class “D”
theft and sentenced as a habitual offender subject to the parole restrictions
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of Iowa Code section 902.11. Burgs, 479 N.W.2d at 323. Section 902.11
provides that forcible felons who have a prior forcible felony conviction must
serve at least one-half of their term of imprisonment before being eligible for
parole. Id. (citing Iowa Code § 902.11). Burgs claimed on appeal that
section 902.11 did not apply because the parole restrictions of section
902.11 conflicted with the parole restrictions of section 902.8, which stated
that habitual offenders were not eligible for parole until the person had
served a three-year minimum sentence. Id. at 323-24.
Finding section 902.11 “unambiguous and its meaning plain,” this
court held that statute “authorize[d] extended prison terms for [certain]
forcible felons . . ., whether habitual offenders or not . . . .” Id. at 324. We
noted section 902.11 was “a reasonable legislative response to the problem
of recidivism.” Id. In essence, we held, “the lengthier penalty of section
902.11 merely subsumes the three-year minimum of section 902.8.” Id.
The same analysis applies here. Section 902.12 provides no
exception for habitual offenders. Its terms are clear: “A person serving a
sentence for conviction of [second-degree robbery] shall be denied parole or
work release unless the person has served at least seven-tenths of the
maximum term of the person’s sentence.” Iowa Code § 902.12. The
defendant here is such a person. He was sentenced for the crime of second-
degree robbery, not for being a habitual offender. See Woody, 613 N.W.2d
at 217 (stating “habitual-offender statutes do not charge a separate offense;
they only provide for enhanced punishment on the current offense”).
Consequently, the clear and unambiguous terms of section 902.12
encompass this defendant. Like the sentence in Burgs, “the lengthier
sentence of section [902.12] merely subsumes the three-year minimum of
section 902.8.” Burgs, 479 N.W.2d at 324.
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The defendant contends the legislative history of section 902.8
warrants a different result. Prior to 1976, Iowa Code section 747.5 defined
a “habitual criminal” and provided that a habitual criminal “shall be
punished by imprisonment in the penitentiary for a term of not more than
twenty-five years, provided that no greater punishment is otherwise provided
by statute, in which case the law creating the greater punishment shall
govern.” Iowa Code § 747.5 (1975) (emphasis added). When section 902.8
was enacted, the italicized qualification was not included. See Iowa Code
§ 902.8. The defendant argues that the omission of similar language in
section 902.8 evidences the legislature’s intent that section 902.8 should
stand alone to govern the punishment of habitual offenders.
An obvious fallacy in this argument is the fact that section 902.9(3)
prescribes the term of imprisonment for a habitual offender. Moreover, in
1992 this court held in Burgs that the mandatory minimum sentence of
section 902.11 trumped the mandatory minimum sentence of section 902.8.
479 N.W.2d at 324. The legislature has taken no action in the fourteen
years since that decision to correct our interpretation of these statutes, if
indeed that interpretation was wrong. See generally Drahaus v. State, 584
N.W.2d 270, 276 (Iowa 1998) (“We consider the legislature’s inaction as tacit
approval of our [prior] decision . . . .”).
Our interpretation of sections 902.8 and 902.12 also gives effect to
the principle that the court should avoid construing a statute so as to
create an absurd result. Adopting the defendant’s argument would result in
the illogical situation that a recidivist would serve less time than a first-time
offender. A recidivist convicted of second-degree robbery would be subject
to the fifteen-year sentence for habitual offenders, but would be required to
serve only a three-year minimum. See Iowa Code §§ 902.8, .9(3) (providing
for a fifteen-year sentence with a three-year mandatory minimum for
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habitual offenders). In contrast, a first-time offender convicted of second-
degree robbery would serve a ten-year sentence with a mandatory seven-
year minimum. See id. §§ 902.9, .12 (providing for a ten-year sentence for
second-degree robbery and a mandatory seventy-percent minimum). This
result is clearly contrary to the legislature’s intent to treat recidivists more
harshly. See Woody, 613 N.W.2d at 218 (noting section 902.8 was designed
to punish recidivism).
Applying well-established rules of statutory construction, we hold the
mandatory minimum sentences prescribed in section 902.12 apply to
habitual offenders. Therefore, the district court did not impose illegal
sentences in this case when it sentenced the defendant to two fifteen-year
sentences to be served pursuant to section 902.12.
V. Summary and Disposition.
The district court imposed an illegal sentence when it required the
defendant to pay fines for his second-degree robbery convictions. On the
other hand, the district court properly interpreted section 902.12 in making
the defendant’s sentences subject to the parole restrictions of that statute.
Because the court of appeals erroneously held that error was not preserved
on the latter issue, we vacate that court’s decision. We also vacate that
portion of the defendant’s sentences requiring him to pay a fine. The
defendant’s sentences are affirmed in all other respects.
DECISION OF COURT OF APPEALS VACATED; SENTENCES
VACATED IN PART AND AFFIRMED IN PART.
All justices concur except Appel, J., who takes no part.