State v. Scovel
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State v. Scovel
Opinion of the Court
This case presents the question of whether the classification of a prior offense for the purpose of calculating a defendant's criminal history score is determined by the Minnesota offense definitions and sentencing policies in effect when the defendant committed the current offense or when the defendant is sentenced for the current offense. Under the Minnesota Sentencing Guidelines, "[t]he classification of a prior offense as a ... felony is determined by current Minnesota offense definitions ... and sentencing policies." Minn. Sent. Guidelines 2.B.7.a (2015). In other words, this case requires us to decide whether the Minnesota Sentencing Guidelines Commission used the word "current" in Guidelines 2.B.7.a to mean "at the time the defendant *552committed the current offense" or "at the time the defendant is sentenced for the current offense."
In 2007, appellant Keith Scovel was convicted of fifth-degree possession of a controlled substance. When Scovel committed the current offense in March 2016, fifth-degree possession of a controlled substance was a felony offense. When he was sentenced in September 2016, however, fifth-degree possession of a controlled substance had been reclassified by the Legislature to a gross misdemeanor offense under certain circumstances. In calculating Scovel's criminal history score, the district court counted the 2007 conviction as a felony. On appeal, Scovel argued that the court had miscalculated his criminal history score, asserting that defendants can receive felony criminal history points only for prior felony convictions that are still classified as felony-level crimes at the time of sentencing. The court of appeals rejected this argument. Because we conclude that the phrase "current Minnesota offense definitions ... and sentencing policies" in Guidelines 2.B.7.a means Minnesota offense definitions and sentencing policies in effect when the current Minnesota offense was committed, we affirm.
FACTS
Although this appeal arises out of Scovel's current offense, the story begins almost a decade earlier when he committed the prior offense. There are four significant dates that are relevant here: 2007 (Scovel commits the prior offense); March 2016 (Scovel commits the current offense); August 1, 2016 (the effective date of the Legislature's reclassification of certain fifth-degree possession offenses from a felony to a gross misdemeanor); and September 2016 (sentencing on the current offense).
In 2007, Scovel pleaded guilty to fifth-degree possession of a controlled substance (2007 felony conviction),
Nearly a decade later-based on conduct that occurred in March 2016-the State of Minnesota charged Scovel with first-degree sale of a controlled substance (the current offense),
After Scovel committed the current offense, but before he was convicted and sentenced, the 2016 Drug Sentencing Reform Act (DSRA) was enacted. See Act of May 22, 2016, ch. 160,
One month later, on September 7, 2016, Scovel pleaded guilty as planned. The district court accepted his guilty plea and sentenced him to 70 months in prison, expressly noting that this sentence was "based on a criminal history score of 2." Specifically, the court assigned Scovel 1 point for his prior misdemeanors and gross misdemeanors; it also assigned him 0.5 felony points for his prior 2007 felony conviction and another 0.5 felony points for his prior 2012 felony conviction, for a total of 1 point.
Under the Minnesota Sentencing Guidelines, "[a] defendant's criminal history score is calculated, in part, by allotting 'points' for each of a defendant's prior convictions for which a felony sentence was imposed." State v. Williams ,
At the time of sentencing, Scovel did not contest his criminal history score. But on appeal, Scovel argued that his criminal history score was miscalculated.
ANALYSIS
The key provision at issue here is Minn. Sent. Guidelines 2.B.7.a, which addresses the classification of prior offenses for criminal history purposes. Guidelines 2.B.7.a provides, in relevant part:
7. Determining Offense Levels for Prior Offenses.
a. Classification of Prior Offense. The classification of a prior offense as a petty misdemeanor, misdemeanor, gross misdemeanor, or felony is determined by current Minnesota offense definitions (seeMinn. Stat. § 609.02 , subds. 2-4a ) and sentencing policies.
The parties each claim that this provision unambiguously supports their respective arguments. Scovel maintains that "[t]he Guidelines are clear" that the district court assigns felony criminal history points only for offenses that are felonies "at the time of sentencing" (here, September 2016). The State, on the other hand, argues that the Guidelines "clearly" dictate that the controlling date for the prior-offense-classification inquiry is "the time the current offense was committed" (here, March 2016).
Interpreting the Minnesota Sentencing Guidelines presents a question of law, which we review de novo. State v. Washington ,
We read the Guidelines "as a whole and interpret each section in light of the surrounding sections." State v. Kirby ,
The Guidelines do not define the word "current," see Minn. Sent. Guidelines 1.B, which prompts us to consult dictionary definitions to ascertain its meaning, Washington ,
But as Judge Learned Hand observed, the dictionary is not foolproof or failsafe. See Cabell v. Markham ,
Here, other provisions in Guidelines 2.B, the section governing a defendant's criminal history score, suggest another reasonable interpretation of "current." In addition to Guidelines 2.B.7.a, which addresses how to classify prior offenses, Guidelines 2.B.5.b addresses how to classify out-of-state prior offenses in particular:
An offense may be counted as a felony only if it would both be defined as a felony in Minnesota, and the offender received a sentence that in Minnesota would be a felony-level sentence.... The offense definitions in effect when the offense was committed govern the designation of non-Minnesota convictions as felonies, gross misdemeanors, or misdemeanors.
*556(Emphasis added.) In fact, comment 2.B.502, which accompanies Guidelines 2.B.5.b, mirrors nearly word-for-word the language in 2.B.7.a:
Generally, the classification of prior offenses as petty misdemeanors, misdemeanors, gross misdemeanors, or felonies should be determined by current Minnesota offense definitions and sentencing policies....
Minn. Sent. Guidelines cmt. 2.B.502 (emphasis added). Compare
The fact that comment 2.B.502 explains, or reiterates, the meaning of Guidelines 2.B.5.b suggests that "current" is shorthand for "in effect when the [current Minnesota] offense was committed."
Under the whole-statute canon, we are required to interpret Guidelines 2.B.7.a in light of both Guidelines 2.B.5.b and comment 2.B.502. See Campbell ,
In sum, after considering the dictionary definition and the surrounding Guidelines provisions, we are left with two reasonable interpretations of the word "current" in Guidelines 2.B.7.a: (1) "now," as in "at the time of sentencing the current offense," or (2) "at the time the current offense was committed," which is how "current" is used in Guidelines 2.B.5.b and comment 2.B.502. See Campbell ,
When a provision in the Guidelines is ambiguous, we may consider "the circumstances under which [the provision] was enacted" as well as "the former law."
In addition to the former law, we may consider the subsequent law and its legislative history. See Mill City Heating & Air Conditioning Co. v. Nelson ,
Notably, no change was made to comment 2.B.502 to rephrase "current Minnesota offense definitions" to say "Minnesota offense definitions in effect when the current offense was committed." See Minn. Sent. Guidelines cmt. 2.B.502 (2016). That the Commission left comment 2.B.502 as saying "current Minnesota offense definitions" while simultaneously amending the neighboring, above-the-line text in Guidelines 2.B.5.b to read "offense definitions in effect when the current Minnesota offense was committed" suggests that the word "current" is shorthand for "when the current Minnesota offense was committed." Cf. State v. Beckman ,
Moreover, when the Commission made the 2016 changes to clarify the text of Guidelines 2.B.5.b, it remarked that this was a clarifying amendment to make clear "that the policy for classifying non-Minnesota prior offenses is, like the policy for classifying Minnesota prior offenses , based on offense definitions and sentencing policies in effect when the current Minnesota offense was committed ." Minnesota Sentencing Guidelines Commission, Adopted Modifications to the Sentencing Guidelines and Commentary 23 (Aug. 2016) (emphasis added).
In light of the whole-statute canon, the shared history between Guidelines 2.B.5 and 2.B.7, and the subsequent legislative history, we conclude that "current" in Guidelines 2.B.7.a must mean "in effect when the current Minnesota offense was committed."
This interpretation is more reasonable than the dictionary definition of "current" because it avoids a conflict between Guidelines 2.B.5.b and 2.B.7.a by interpreting the two provisions hand-in-hand. See Jones ,
This interpretation is also consistent with the fact that the current offense date controls a multitude of other inquiries that the Guidelines require. See, e.g. , Minn. Sent. Guidelines 2.B.1.c (using "the date of the current offense" for the 15-year felony decay rule); Minn. Sent. Guidelines 2.B.113 (same).
Moreover, the Guidelines often use the adverb "currently" to refer to the current edition of the Guidelines that controls for sentencing the current offense. See, e.g. , Minn. Sent. Guidelines cmt. 2.B.105 ("This policy also applies to offenses that are currently assigned a severity level ranking *559....").
Finally, this interpretation is consistent with the objective of the Guidelines, and our objective when interpreting the same, to "maintain uniformity, proportionality, rationality, and predictability in sentencing." State v. Shattuck ,
We have also said that we strive to interpret the Guidelines to avoid systematic "manipulation" of the Guidelines by the offender. Minn. Sent. Guidelines cmt. 2.B.108, cmt. 2.B.110, cmt. 2.B.305; see also State v. Zeimet ,
We therefore hold that under Minnesota Sentencing Guidelines 2.B.7.a, the classification of prior offenses for the purpose of calculating a defendant's criminal history score is based on "current Minnesota offense definitions ... and sentencing policies," which means Minnesota offense definitions and sentencing policies in effect when the defendant committed the current crime. Because Scovel's prior offense was still a felony at the time he committed the current offense in March 2016, we conclude that he properly received a felony criminal history point.
*560CONCLUSION
Based on the foregoing analysis, we affirm the decision of the court of appeals.
Affirmed.
HUDSON, J., took no part in the consideration or decision of this case.
The record does not reveal the type or weight of drug that Scovel possessed. The State does not dispute, however, that whatever drug type and quantity that Scovel possessed would qualify for reclassification as a gross misdemeanor.
Specifically, under section 7 of the DSRA, "[a] person convicted" of fifth-degree possession of a controlled substance who does not have a prior controlled-substance-crime conviction "is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; or (2) the controlled substance possessed is heroin and the amount possessed is less than 0.05 grams." Act of May 22, 2016, ch. 160, § 7, 2016 Minn. Laws at 584-85 (codified at
The district court made no express reference to the Sentencing Guidelines or the DSRA when sentencing Scovel. Based on the sentencing worksheet and the transcript of the sentencing hearing, however, it is clear that the district court assigned Scovel 0.5 points for his 2007 felony conviction.
This opinion cites to the 2015 Minnesota Sentencing Guidelines because that was the version in effect at the time that Scovel committed the current offense in March 2016. See Minn. Sent. Guidelines 2 (providing that an offender's presumptive sentence "is determined by the Sentencing Guidelines in effect on the date of the conviction offense").
A defendant cannot forfeit appellate review of his criminal history score. See State v. Maurstad ,
If Scovel's 2007 conviction had been reduced to a gross misdemeanor, it would have added no criminal history "points" because he already had more than four criminal history "units" for prior misdemeanor and gross misdemeanor offenses. See Minn. Sent. Guidelines 2.B.3 (providing that four criminal history units "equal[s] one criminal history point" and "an offender cannot receive more than one point for prior misdemeanor or gross misdemeanor convictions"). His criminal history score would have totaled 1.5, which is rounded down to 1 under Minn. Sent. Guidelines 2.B.1.i. The presumptive range under the 2015 Guidelines for a second-degree-sale offense with 1 criminal history point was 50 to 69 months, rather than the 58-to-81-month range under which Scovel was sentenced to 70 months.
The parties' briefs are, in Scovel's words, "two ships passing in the night." See Henry W. Longfellow , Tales of a Wayside Inn 237 "The Theologian's Tale" (Houghton, Mifflin & Co. 1888) (1863). The State's brief primarily focuses on the DSRA, arguing that Scovel's 2007 felony conviction became final long before the Legislature reclassified the offense. By contrast, Scovel primarily relies on Guidelines 2.B.7.a.
Acknowledging that the relevant provisions of the DSRA apply to crimes committed on or after August 1, 2016, Scovel does not claim that he is entitled to be resentenced for his 2007 felony conviction. See State v. Otto ,
The 2015 version of Guidelines 2.B.5.b does not specify whether it is the offense definitions "in effect when the [current ] offense was committed" (here March 2016) or "in effect when the [prior ] offense was committed" (here 2007). At first, this seems like yet another ambiguity. But in light of comment 2.B.502, which paraphrases Guidelines 2.B.5.b's text using the word "current," it becomes clear that Guidelines 2.B.5.b can only reasonably be read as "[t]he offense definitions in effect when the [current Minnesota ] offense was committed." It would be illogical for the Commission to have meant "in effect when the prior offense was committed" in conjunction with comment 2.B.502's use of the word "current." Put differently, although "current" could reasonably mean March 2016 (the time the current offense was committed) or September 2016 (the time the current offense was sentenced), "current" could not reasonably mean 2007 (the time the prior Minnesota offense was committed).
See Minn. Sent. Guidelines II.B (1980); Minn. Sent. Guidelines II.B, cmt. 503 (1981); Minn. Sent. Guidelines II.B.5, cmts. II.B.503-.504 (1983); Minn. Sent. Guidelines cmt. II.B.04, II.B.5, cmts. II.B.502-.503 (1998); Minn. Sent. Guidelines II.B, II.B.5, cmt. II.B.502 (2006); Minn. Sent. Guidelines 2.B.5, cmt. 2.B.502, 2.B.7.a (2012); Minn. Sent. Guidelines 2.B.5.b, cmt. 2.B.502, 2.B.7.a (2016).
See, e.g. , Minn. Sent. Guidelines 2.B.7.a, cmt. 2.B.502 (2012); Minn. Sent. Guidelines II.B, cmt. II.B.502 (2006); Minn. Sent. Guidelines cmt. II.B.04, cmt. II.B.502 (1998).
See also County of Washington v. Gunther ,
Shortly before oral argument, the State filed citations to supplemental authorities, calling to the court's attention publicly available materials from the Commission's 2016 deliberations. See Minn. R. Civ. App. P. 128.05 (allowing citation to "pertinent and significant authorities" that come to a party's attention after the party's brief is filed). Scovel moved to strike this submission as an improper use of Rule 128.05 because the State offered the supplemental authorities only to respond to arguments made in Scovel's principal and reply briefs. The State's use of Rule 128.05 in this context is debatable, particularly given the timing of the citation and that over 300 pages of material were cited, but we have previously considered the Commission's publicly available materials in construing the Guidelines, see State v. Williams ,
See also Minn. Sent. Guidelines 2.B.3.e (using "the date of the current offense" for the 10-year misdemeanor and gross misdemeanor decay rule); Minn. Sent. Guidelines 2.C.3.b ("If ... there was a previous conviction for a felony burglary before the current offense occurred, the presumptive disposition is commitment."); Minn. Sent. Guidelines 2.C.3.d ("[I]f, prior to the commission of the current offense, the offender had a previous [DWI] conviction ... the presumptive disposition is commitment.").
See also Minn. Sent. Guidelines cmt. 2.B.106 ("If an offense has been redefined by the Legislature, base the appropriate severity level on how the prior felony offense would currently be ranked...."); Minn. Sent. Guidelines 2.B.2.b(2) (assigning two custody status points for "an offense currently found on the Sex Offender Grid"); cf. Minn. Sent. Guidelines 2 (stating that "[t]he presumptive sentence ... is determined by the Sentencing Guidelines in effect on the date of the conviction offense").
The parties offer competing interpretations of the phrase "offense definitions" as used in Minn. Sent. Guidelines 2.B.7.a. Scovel argues that "offense definitions" refers to the substantive, element-based definitions of crimes (e.g., the definition of fifth-degree possession in
We need not decide which of these competing approaches wins out, because under either interpretation, Scovel properly received a criminal history point. See Navarre v. S. Washington Cty. Schs. ,
Reference
- Full Case Name
- STATE of Minnesota v. Keith Lee SCOVEL
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- 18 cases
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- Published