State of Iowa v. Deshaun Marvin Lamar Williams
State of Iowa v. Deshaun Marvin Lamar Williams
Opinion of the Court
This case requires us to decide what the State must prove as the essential elements of the offense of driving while barred as a habitual offender. See
I. Background Facts and Proceedings.
On December 12, 2015, at around 2:00 a.m., a motorist driving on Highway 30 between Ames and Boone observed a vehicle that was "all over the road." As she passed the vehicle, it swerved and almost hit her car. The vehicle continued to weave back and forth between the shoulder and the median. The motorist called 911 to report the erratic driving and, while on the phone with the dispatcher, followed the vehicle. She saw the vehicle almost go into the ditch beside the highway. The speed of the vehicle varied, as it traveled very slowly at times and well above the speed limit at others. The motorist relayed to the dispatcher the license plate number she was able to make out in the dark.
Eventually, the driver of the vehicle turned onto a gravel road, stopped, and shut the vehicle's lights off. The motorist remained on the scene within eyesight of the vehicle until law enforcement arrived about three or four minutes later. The motorist did not see anybody get in or out of the vehicle.
Sergeant Dallas Wingate of the Boone County Sheriff's Office responded to the call. He found a stopped vehicle with its lights turned off that matched the description the dispatcher had given him. The vehicle's engine was on. Defendant Deshaun Williams was the vehicle's driver.
Upon approaching the vehicle, Sergeant Wingate noticed a very strong odor of alcoholic beverage emanating from the vehicle. The driver slurred his speech, seemed confused in answering questions, appeared to lack coordination, and had glassy, watery eyes. After Sergeant Wingate asked for Williams's driver's license several times, Williams provided a nondriver identification card, which Sergeant Wingate ran through dispatch. Sergeant Wingate subsequently learned the State had barred Williams from driving.
Continuing his investigation, Sergeant Wingate had Williams step out of the vehicle so Sergeant Wingate could conduct field sobriety tests. When Williams exited the vehicle, Sergeant Wingate could tell Williams had vomited on himself at some point. Williams refused to participate in any of the tests. Based on Williams's revoked license and his refusal to perform the field sobriety tests, Sergeant Wingate placed him under arrest. Sergeant Wingate indicated to Williams that he was under arrest for driving while barred, to which Williams responded he knew he should not be driving.
Deputy Doug Twigg also arrived on the scene. According to Deputy Twigg, Williams's speech was "very slow" and "very slurred." Williams stumbled when getting out of the vehicle and appeared confused and irritated. Williams told Deputy Twigg he had dropped off nine people, although Deputy Twigg testified the vehicle was a sedan that would not hold nine passengers.
Both Sergeant Wingate and Deputy Twigg had functioning body cameras on their persons during their interactions with Williams. Williams is the only person seen on the body camera footage.
Deputy Twigg placed Williams in his squad car because Sergeant Wingate's car was a K-9 vehicle. At this point, Deputy Twigg could also smell the strong odor of alcoholic beverage coming from Williams and noticed Williams's bloodshot, watery eyes. Deputy Twigg transported Williams to the Boone County jail. During the ride, Williams told Deputy Twigg he knew he should not be driving.
*589At the jailhouse, Williams refused to provide a breath sample for chemical testing. Sergeant Wingate noticed that Williams's mood was capricious, switching between cooperative and boisterous or argumentative. Sergeant Wingate later testified mood swings are common in operating-while-intoxicated (OWI) cases because people impaired by alcohol have difficulty managing their emotions.
The State filed a trial information charging Williams with driving while barred, an aggravated misdemeanor, and OWI third offense as a habitual offender, a class "D" felony. See
At the close of evidence, Williams moved for judgment of acquittal on the OWI charge, arguing the State did not present sufficient evidence for a fact finder to conclude he was under the influence of alcohol. Williams also moved for judgment of acquittal on the driving-while-barred charge, contending the State failed to prove the IDOT mailed him notice of his license bar. The district court overruled Williams's motions. The jury returned verdicts finding Williams guilty of both OWI and driving while barred. In the second stage of the bifurcated proceeding, the jury then found that Williams had incurred the prior convictions alleged by the State. The court sentenced Williams to fifteen years in prison, subject to a three-year minimum, on the OWI third conviction as a habitual offender, and to two years in prison on the driving-while-barred-as-a-habitual-offender conviction, the two sentences to run concurrently. See
The court of appeals, sitting en banc, affirmed Williams's convictions and sentence. As to both charges, it rejected Williams's arguments that there was insufficient evidence he was operating the vehicle. Regarding the OWI conviction, it found sufficient evidence from which a jury could conclude Williams was under the influence of alcohol. Finally, as to the driving-while-barred charge, a majority of that court rejected Williams's argument that the proof of mailing of the notice of barment was a required element of the offense. Four judges of that court dissented in part, finding that the State was required to prove mailing as part of the driving-while-barred crime and had failed to do so.
We granted Williams's application for further review.
II. Issue We Will Consider on Appeal.
Because this case is before us on further review, "we have the discretion to review all or some of the issues raised on appeal or in the application for further review." State v. Clay ,
III. Scope of Review.
Williams's notice argument raises a question of statutory interpretation; thus, our review is for correction of errors at law. See State v. Nall ,
IV. Analysis.
Williams contends his conviction for driving while barred must be set aside because the State did not prove it mailed *590notice of revocation to him.
It shall be unlawful for any person found to be a habitual offender to operate any motor vehicle in this state during the period of time specified in section 321.560 except for a habitual offender who has been granted a temporary restricted license pursuant to section 321.215, subsection 2.
The legislature gets to define the elements of the crime. State v. James ,
Even Iowa Code section 321.560, which is referenced in section 321.561, does not mention notice. It is entitled "Period of revocation-temporary restricted licenses," and states in part,
1. A license to operate a motor vehicle in this state shall not be issued to any person declared to be a habitual offender under section 321.555, subsection 1, for a period of not less than two years nor more than six years from the date of the final decision of the department under section 17A.19 or the date on which the district court upholds the final decision of the department, whichever occurs later.
....
2. A license to operate a motor vehicle in this state shall not be issued to any person declared to be a habitual offender under section 321.555, subsection 2, for a period of one year from the date of the final decision of the department under section 17A.19 or the date on which the district court upholds the final decision of the department, whichever occurs later.
3. The department shall adopt rules under chapter 17A that establish a point system which shall be used to determine the period for which a person who is declared to be a habitual offender under section 321.555, subsection 1, shall not be issued a license.
4. A person who is determined to be a habitual offender while the person's license is already revoked for being a habitual offender under section 321.555 shall not be issued a license to operate a motor vehicle in this state for a period of not less than two years nor more than six years. The revocation period may commence either on the date of the final decision of the department under section 17A.19 or the date on which the district court upholds the final decision of the department, whichever occurs later, or on the date the previous revocation expires.
*591
Here, the State offered ample proof that Williams was operating a motor vehicle during the relevant period of time. Exhibit 7, the certified abstract of driving record, was admitted at trial without objection. On page 2, this abstract states that Williams was barred from driving for the time period 10/2/12 to 10/2/16. Further evidence showed that Williams's driving on Highway 30 and his subsequent arrest occurred on December 12, 2015.
In addition, the officers who interacted with Williams testified as follows:
Sergeant Wingate:
Q. Did you tell the defendant that he was being arrested for driving while barred? A. I believe I did, yeah.
Q. And do you remember his response? A. I think he indicated that he knew he shouldn't be driving at that point.
Deputy Twigg:
Q. Do you recall hearing if the defendant was barred from driving? A. Yes. Yes, he was barred from driving.
Q. Did the defendant acknowledge that? A. He did.
Based on this evidence, the district court properly denied Williams's motion for judgment of acquittal on his conviction for driving while barred.
Prior caselaw supports the conclusion that proof of mailing is not an essential element of the offense of driving while barred as a habitual offender. State v. Boleyn defined the offense as follows: "The offense of driving while barred is committed when a person convicted as a habitual offender operates a motor vehicle during the period their license is barred."
Further, in State v. Wise , the court of appeals upheld a conviction under Iowa Code section 321.561 over a claim of ineffective assistance of counsel.
It is true that none of these cases specifically addressed the question whether the giving of notice was an element of the crime. But each time the court recited the elements of the Iowa Code section 321.561 offense, it did so without mentioning notice as an element.
Our recent holding in State v. Kennedy also applies here.
To prove Kennedy violated this statute, the State must prove Kennedy drove a motor vehicle while his license was revoked due to a violation of chapter 321J. There is no question Kennedy was driving *592a motor vehicle at the time of his arrest. The questions in this appeal are when was Kennedy's license revoked under chapter 321J and does any admissible evidence in the record support the fact his license was revoked.
Id . at 521 (citation omitted). We noted that the crime of driving while license revoked under section 321J.21 has only two elements: that the defendant drove a vehicle and that the defendant's license was revoked at the time.
We then concluded that given these elements, affidavits of mailing were not necessary to prove Kennedy violated the statute:
The certified abstract contained the effective date of the revocation for the OWI chemical testing refusal, the effective date of the revocation for the OWI chemical testing failure, and the effective date of the revocation for the OWI conviction. The certified abstract also indicated these revocations were in effect at the time Kennedy was arrested. The information contained in the admissible certified abstract of driving record was sufficient to convict Kennedy of driving under revocation in violation of Iowa Code section 321J.21without the need for the district court to consider the inadmissible affidavits of mailing. Therefore, the inadmissible affidavits of mailing did not have an effect on the verdict and the district court's admission of the affidavits of mailing constituted harmless error .
Although Kennedy involved a revocation for an OWI offense under Iowa Code section 321J.21, as opposed to Williams's habitual offender revocation under section 321.560, Kennedy 's reasoning applies here. In Kennedy , an abstract of the defendant's driving record was sufficient to prove that he was operating a vehicle during the time period after the effective date of revocation.
Williams makes a plausible argument that the IDOT had to mail notice of bar to him as one of the steps in the barment process . The IDOT conducts habitual offender proceedings pursuant to section 321.556. See
Still, IDOT administrative rules-but not the Iowa Code-require the IDOT to "send a notice of denial, cancellation, suspension, revocation, disqualification or bar by first-class mail to the person's mailing address as shown on departmental records."
Iowa Code section 321.560 does not have a thirty-day waiting period for the bar to take effect. It refers to "the date of the final decision of the [IDOT] under section 17A.19"-not to thirty days after the final decision-as being the commencement of the revocation period. See
However, a thirty-day waiting period is equal to the time period allowed by the Iowa Code for a person to seek judicial review of a finding by the IDOT that a person is a habitual offender. See Iowa Code § 17A.19(3). Therefore, one might also argue that the rule aligns with the statute by automatically staying the final decision of the IDOT for the thirty days pending judicial review. Iowa Code section 321.560 provides two alternative commencement dates for the bar-"the date of the final decision of the [IDOT] under section 17A.19 or the date on which the district court upholds the final decision of the department, whichever occurs later."
But in the end it doesn't matter. Mailing of notice is not an element of the crime. The crime consists of operating a vehicle during the period of time the defendant was barred from driving as a habitual offender. See
The legislature could have made giving notice of the bar one of the elements of the crime. See, e.g. ,
Williams relies on State v. Green , where we held that the state had to show that it had mailed a notice of suspension in order to *594prove that a suspension had occurred for purposes of a driving-under-suspension violation.
We therefore hold, based on the manner in which the legislature has framed Iowa Code section 321.561 and our own precedent, that proof of mailing is not an essential element of the State's proof. Numerous other jurisdictions have reached similar conclusions. Osborne v. District of Columbia ,
V. Conclusion.
For the foregoing reasons, we affirm the judgment of the district court and the decision of the court of appeals.
DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED.
All justices concur except Wiggins and Appel, JJ., who dissent, and Hecht, J., who takes no part.
The State urges Williams did not preserve error because the marshaling instruction did not state mailing of notice was a required element and Williams did not object to that instruction in its final form. We disagree. Williams timely moved for judgment of acquittal based on the absence of proof of giving notice. When the motion was denied, Williams did not have to further object to the marshaling instruction. See In re Estate of Workman ,
The State also urges Williams invited any error because his attorney started to object to the State's introduction into evidence of the affidavit of mailing before obtaining the State's agreement not to introduce it. This does not amount to invited error in our view. Proof of mailing can be made in other ways than through an affidavit of mailing. It is the State's job to prove up its case.
Dissenting Opinion
The majority holds the State is not required to prove it mailed notice to Deshaun Williams as an element of the offense of driving while barred. I dissent based upon my analysis of the statutory scheme and due process considerations.
I begin my analysis with State v. Green ,
When the department is authorized or required to give notice under this chapter or any other law regulating the operation of vehicles, unless a different method of giving notice is expressly prescribed, notice shall be given either by personal delivery to the person to be so notified or by personal service in the manner of original notice ... or by first class mail addressed to the person at the address shown in the records of the department ....
We then examined the suspension provision codified in section 321.210(1), which focuses on the receipt of notices.
Additionally, we reasoned the saving language of section 321.16"clearly contemplates that the notice had been 'mailed by first class mail.' "
A person's ... claim of failure to receive a notice of revocation, suspension, or bar mailed by first class mail to the person's last known address shall not be a defense to a charge of driving while suspended, revoked, denied, or barred.
We held proof of mailing notice of the suspension is an element of the offense of driving while suspended. See
To determine if the majority is correct, the majority must interpret Iowa Code sections 321.555 (2015), 321.556, and 321.560 in tandem with the administrative rules enacted by the IDOT. In interpreting a statute, we have stated,
The goal of statutory construction is to determine legislative intent. We determine legislative intent from the words chosen by the legislature, not what it should or might have said. Absent a statutory definition or an established meaning in the law, words in the statute are given their ordinary and common meaning by considering the context within which they are used. Under the guise of construction, an interpreting body may not extend, enlarge[,] or otherwise change the meaning of a statute.
Auen v. Alcoholic Beverages Div. ,
My review of the habitual offender statutory provisions and accompanying administrative rules, taken together, does not support the majority's premise that the effective date of the bar order begins from the actual date the IDOT enters its decision.
I begin with the Iowa Code. The IDOT conducts a habitual offender proceeding pursuant to section 321.556. See
For a person barred as a habitual offender under section 321.555(1) or (2), the period of the bar begins "from the date of the final decision of the department under section 17A.19 or the date on which the district court upholds the final decision of the department, whichever occurs later ."
The administrative rules require the IDOT to "send a notice of ... bar by first-class mail to the person's mailing address as shown on departmental records."
The thirty-day waiting period is important under the statutory scheme. This thirty-day waiting period is equal to the same time period allowed by the Iowa Code for a person to seek judicial review of a finding by the IDOT that a person is a habitual offender. See Iowa Code § 17A.19(3).
If a person seeks judicial review of the IDOT's final decision, the effective date of the person's bar begins "from ... the date on which the district court upholds the final decision of the department, whichever occurs later."
The only way the statutory scheme makes sense is if we give full effect to the habitual offender provisions as a whole and the administrative rules the IDOT relies on to implement the habitual offender provisions. See Iowa Nat. Res. Council v. Van Zee ,
To give effect to the words "whichever occurs later" in section 321.560, the thirty-day delay described in rule 761-615.36 is necessary to carry out the statutory scheme. If we ignore the thirty-day delay, under the reasoning of the majority, every bar of a habitual offender would begin literally on the actual date the IDOT enters its decision, regardless of when the IDOT mails its decision and regardless of due process concerns. The majority renders the phrase "from ... the date on which the district court upholds the final decision of the department, whichever occurs *597later" superfluous and unnecessary because the actual date of the IDOT's final decision, without the thirty-day delay, would always occur before "the date on which the district court upholds the final decision."
If the person barred does not seek judicial review, the bar would begin on the thirtieth day from the date of the final decision. The thirty-day delay built into the start date of the bar gives a person an opportunity to ask for judicial review. It does not matter if the person actually avails him or herself of the opportunity. Thus, similar to a suspension under Green , the bar will not begin until a person has had the opportunity to exhaust all of his or her legal remedies, short of appeal to this court.
The majority finds section 321.560 of the Iowa Code supersedes rule 761-615.36 of the Iowa Administrative Code. This is wrong. I acknowledge section 321.560 also provides "from the date of the final decision of the department under section 17A.19."
In Purethane, Inc. , we stated the Iowa Code provided for a thirty-day appeals period to file a protest from a sales and use tax assessment.
In resolving the question of when the board issued its final order to determine the appeal period, we stated,
In the absence of a file or entry system by which the public and parties to a controversy before the board of tax review can learn of the board's decision, due process requires the statutory appeal period begins to run when the board decision is officially made available as a public record.
....
... [T]he correct date which the board's order "issued" for purposes of determining the statutory appeal period is the date in which the order is put forth to the public and parties. Absent board rules [that] make decisions public by filing and entry, this date means the date the order is mailed by certified mail. Beginning the appeal period on the date of certified mailing does not violate due process.
I agree with this analysis and apply it to Williams's case because the relevant habitual offender statutory provisions involve the date of the IDOT's final decision. Accordingly, the date of the IDOT's final decision is when the IDOT issues it by mailing notice of a licensee's barred status to the licensee. The date of mailing therefore commences the thirty-day period to file a petition for judicial review. My conclusion, which honors the principles of due process, shows that rule 761-615.36 is consistent with section 321.560.
Based on the foregoing, under the statutory scheme created by the habitual offender provisions and supplemented by the administrative rules, the IDOT must mail notice of the bar to the licensee. This construction makes procedures under the habitual offender provisions similar to those under the suspension provisions in Green . Therefore, the State must prove it *598sent notice to Williams as an element of the offense of driving while barred.
Additionally, I find State v. Cook ,
Finally, I would find State v. Kennedy ,
The difference between Kennedy and the present case is that when the State revokes a license for OWI, the revocation takes effect immediately upon conviction.
Based on the foregoing, I would hold the proper marshaling instruction consists of two elements: (1) operating a vehicle and (2) operating with a barred license. The second element has two subparts. First, the State must prove the defendant's license was barred on the date in question. Second, the State must present proof the IDOT properly mailed notice to the defendant. However, the State is not required to prove knowledge on the part of the defendant. State v. Carmer ,
It is undisputed the State did not introduce into evidence-either an affidavit of mailing or certified mail receipt-showing the IDOT properly mailed notice to Williams of the bar to his last known address. Thus, the State failed to prove beyond a reasonable doubt Williams was driving while barred. Based on the State's failure to prove the mailing of notice, I would not uphold the jury's verdict on the driving-while-barred conviction.
Appel, J., joins this dissent.
Under our prior decision, if the IDOT prepares a certificate of mailing contemporaneously with mailing and keeps the certificate in the regular course of business, it is nontestimonial, and its admissibility would not violate the Confrontation Clause. See State v. Kennedy ,
Reference
- Full Case Name
- STATE of Iowa, Appellee, v. Deshaun Marvin Lamar WILLIAMS, Appellant.
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- 6 cases
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