People v. Rutledge
People v. Rutledge
Concurring Opinion
(concurring.) I concur in the majority’s analysis but write separately to state that the appropriate remedy, in my opinion, is to remand this case for a possible trial (at the prosecutor’s discretion) to allow a factfinder to determine if defendant possessed or consumed alcohol, as we have now defined those terms, in Michigan.
The district and circuit courts assumed, for purposes of the motion to dismiss filed by defendant, that defendant consumed alcohol in Canada. However, nowhere in the record do I find an unequivocal
I acknowledge that in her appellate brief, the prosecutor states that she “concurs with the basic information set forth in the Appellant’s Statement of Facts.” Defendant’s statement of facts, however, merely summarizes the testimony given at the hearing on the motion to dismiss. By concurring with defendant’s statement of facts, the prosecutor is merely agreeing that on appeal, defendant summarized the testimony correctly; the prosecutor is not conceding the truth of defendant’s testimony at the hearing that he did not consume alcohol in Michigan on the night in question. Indeed, defendant’s truthfulness in general was subject to question. The arresting officer testified that defendant originally told the police that he had been at a party in the United States and that he had not been drinking, yet his breath test resulted in a reading of 0.118 grams of alcohol per 210 liters of breath. Subsequently, defendant testified that he lied to the police and that he had in fact been drinking, but that the drinking occurred in Canada
Opinion of the Court
Defendant Scott Rutledge appeals by leave granted the circuit court’s order affirming the district court’s denial of defendant’s motion to dismiss charges of illegally possessing and consuming alcohol against nineteen-year-old defendant who after drinking alcohol legally in Canada
On July 30, 2000, defendant was arrested as a minor illegally possessing and consuming alcohol in violation of MCL 436.1703(1). Defendant was a passenger in a vehicle that was stopped for speeding. After the driver of the vehicle was given a Breathalyzer test that indicated the driver had consumed alcohol, the police officers tested defendant, who also tested positive for alcohol consumption. In the district court, defendant moved to dismiss the
In this case, we are asked to decide whether MCL 436.1703(1), the “minor in possession” statute, makes it a crime for a minor to have alcohol in his body when the alcohol was legally obtained and ingested in another jurisdiction. We conclude that it does not.
MCL 436.1703(1) provides in relevant part: “A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in this section.”
Generally, a state has jurisdiction only over offenses committed within the state’s physical borders. People v Blume, 443 Mich 476, 480; 505 NW2d 843 (1993), quoting People v Devine, 185 Mich 50, 52-53; 151 NW 646 (1915).
It is a well-established rule that a sovereign state can exercise jurisdiction to punish a criminal offense only when the offense is committed in whole or in part in that sovereign state. No matter how closely an act is connected with the state, if all the criminal elements are done entirely
The exception to this general rule is “ ‘limited to those acts that are intended to have, and that actually do have, a detrimental effect within the state.’ ” Blume, supra at 480, quoting Strassheim v Daily, 221 US 280, 285; 31 S Ct 558; 55 L Ed 735 (1911). This Court need not determine whether the exception applies in this matter because the prosecutor asserts that defendant violated the statute not by possessing and ingesting alcohol in Canada, but by possessing and consuming the alcohol within his body after returning to Michigan. Defendant, on the other hand, urges this Court to construe the terms “consume” and “possess” as used in MCL 436.1703(1) to mean actual ingestion and possession of undigested alcoholic liquor.
A statute is presumed to be constitutional and is so construed unless its unconstitutionality is readily apparent. People v Noble, 238 Mich App 647, 651; 608 NW2d 123 (1999). Before addressing the constitutionality of the statute, this Court “must examine alternative, nonconstitutional grounds that might obviate the necessity of deciding the constitutional questions.” VandenBerg v VandenBerg, 231 Mich App 497, 499; 586 NW2d 570 (1998). Although the constitutional issue is the only issue raised on appeal, this case can be decided solely on the basis of statutory construction. Whether conduct falls within the statutory scope of a criminal statute is a question of law that is reviewed de novo on appeal. Noble, supra at 658. This Court has discretion to grant different or further relief as the case requires. MCR 7.216(7).
Statutory construction begins by examining the plain language of the statute to discern and give effect to the Legislature’s intent. People v Morey, 461 Mich 325, 329-330; 603 NW2d 250 (1999). If the language is unambiguous, no further construction is required or permitted, and the statute must be enforced as written. Id. at 330. This Court may look outside the statute to ascertain the Legislature’s intent only where the language is ambiguous. Id.
We conclude that the terms “consume” and “possess” are ambiguous as used in the “minor in possession” statute because they can be interpreted in more than one manner. Specifically, they can be construed narrowly to mean only physical control and ingestion, as defendant urges, or very broadly to mean metabolism and containment in the body, as proposed by the prosecutor. A provision is considered ambiguous when it is susceptible to more than one reasonable interpretation. Frame v Nehls, 452 Mich 171, 176; 550 NW2d 739 (1996).
To determine the meaning of the terms, this Court should look to “[t]he fair and natural import of the terms employed, in view of the subject matter of the law . . . .” Morey, supra at 330. Neither “possess” nor “consume” is defined by the Michigan Liquor Control Code.
This Court may also examine dictionaiy definitions if the statute does not expressly define its terms. People v Gregg, 206 Mich App 208, 211-212; 520 NW2d 690 (1994). Black’s Law Dictionary (6th ed), p 1162, defines “possess” as: “[t]o occupy in person; to have in one’s actual and physical control; to have the exclusive detention and control of; to have and hold as property; to have a just right to; to be master of; to own or be entitled to.” Black’s Law Dictionary does not define “consume.” Random House Webster’s College Dictionary (1997), p 1017, defines “possess,” in part, as: “to have as belonging to one; have as property; own; ... to occupy or control . . . .” Random House defines “consume” as: “to destroy or expend by use; use up[;] ... to eat or drink up; devour.” Id. at 84. Moreover, to determine the meaning of the terms, this Court may look to the commonly accepted meaning of the words. Morey, supra at 330.
“ ‘[T]he meaning of statutory language, plain or not, depends on context.’ ” People v Vasquez, 465 Mich 83, 89; 631 NW2d 711 (2001), quoting King v St Vincent’s Hosp, 502 US 215, 221; 112 S Ct 570; 116 L Ed 2d 578 (1991). Consistent with the dictionary definitions listed above, the commonly accepted meaning of “consume” as it relates to a beverage means to drink or physically ingest the beverage. For example, a per
Our conclusion is supported by applicable, albeit nonprecedential, case law from another jurisdiction. In State v Hornaday, 105 Wash 2d 120, 125-129; 713 P2d 71 (1986),
The definition of “alcoholic liquor,” a defined term in the Michigan Liquor Control Code, also supports our conclusion. “Alcoholic liquor” means:
[A]ny spirituous, vinous, malt, or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing V2 of 1% or more of alcohol by volume which are fit for use for beverage purposes as defined and classified by the commission according to alcoholic content as belonging to 1 of the varieties defined in this chapter. [MCL 436.1105(2) (emphasis added).]
In order for defendant’s conduct to violate the minor in possession statute, he had to consume or possess alcoholic liquor. MCL 436.1703(1). Defendant argues, and we agree, that once a person has ingested liquor, it is no longer “fit for use for beverage purposes” in accordance with MCL 436.1105(2). Therefore, as defendant sat as a passenger in the vehicle in Michigan, he did not consume or possess “alcoholic liquor.”
We find further support for our determination from the language of the statute prohibiting persons from operating vehicles while under the influence of intoxicating liquor or controlled substances. MCL 257.625. The subsection of that statute pertaining to minors prohibits persons under the age of twenty-one from operating a vehicle if that person has any bodily alcohol content. MCL 257.625(6). “Any bodily alcohol content” is defined, in part, as: “Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as part of a generally recognized religious service or ceremony.” MCL 257.625(6)(b).
In support of her very broad interpretation of the statute, the prosecutor argues that “consumption” goes beyond the single act of putting a substance in one’s mouth. The prosecutor asserts that the term “consumption” is defined by other courts as “the using up of everything.” The prosecutor cites Moore v Pleasant Hasler Constr Co, 50 Ariz 317, 329; 72 P2d 573 (1937), and Revzan v Nudelman, 370 Ill 180, 184; 18 NE2d 219 (1938). Both cases were tax cases that concerned who should pay the taxes on retail goods. Moore, supra at 319; Revzan, supra at 181-183. Although the prosecutor cites an apt definition of consumption in the context of a tax case, the cited definition of “consumption” does not comport with how the term is usually and reasonably used when referring to beverages. See Vasquez, supra at 89. We also note that the term “consumption” is not used in MCL 436.1703.
We acknowledge that this interpretation may somewhat hinder police officers, particularly in areas of Michigan near Canadian borders, attempting to enforce the “minor in possession” statute. Because, however, the statute makes specific conduct criminal, it must be strictly construed. Noble, supra at 659. We conclude that minors who legally ingest alcohol in a jurisdiction outside Michigan and then return to Michigan (e.g., as passengers in a vehicle) with the alcohol in their bodies have not violated the minor in possession statute. If the Legislature intended to criminalize this conduct, it could easily have done so or can amend the statute to include it. People v Babcock, 244 Mich App 64, 78; 624 NW2d 479 (2000).
In light of our disposition above, we need not reach defendant’s constitutional claim that the statute is vague and overbroad.
We reverse.
It appears that the prosecutor does not dispute that defendant purchased and drank the alcohol in Canada. In her appellate brief, the prosecutor states that she “concurs with the basic information set forth in the Appellant’s Statement of Facts.” According to defendant-appellant’s statement of facts, which has been adopted by the prosecutor, it is unequivocally stated that “[ajppellant did not consume alcoholic beverages in the State of Michigan.” Because the prosecutor has not raised an issue of fact and has not requested a remand, we conclude that a remand is unnecessary.
MCL 436.1101 et seq.
It appears that Homaday was superseded by statute as stated in State v Preston, 66 Wash App 494, 497-498; 832 P2d 513 (1992), aff'd 22 Wash 2d 553; 859 P2d 1220 (1993).
A later Washington State case upheld these definitions, specifically concerning “consume.” State v Preston, supra at 498, stated that the Homaday opinion “illustrates the absurdity of defining the word ‘consume’ so as to encompass the metabolization of alcohol in the body.”
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