State v. Travis C. Paige
State v. Travis C. Paige
Opinion
The defendant, Travis C. Paige, appeals a ruling of the Superior Court ( Bornstein , J.) concluding that his reckless conduct convictions were class A misdemeanors and sentencing him accordingly. See RSA 631:3 (2016); RSA 625:9, IV(c) (2016). We affirm.
I
The pertinent facts are as follows. On September 3, 2015, the defendant led police on a high-speed vehicle chase in Grafton County between Bethlehem and Bath. Throughout the chase, the defendant drove at speeds in excess of 100 miles per hour to evade police. The defendant also disregarded stop signs and nearly struck a cyclist and a minivan. Eventually, the defendant lost control of the vehicle after passing through a covered bridge and crashed into a ditch. The vehicle came to rest on the passenger side. Leaving his girlfriend in the passenger seat of the vehicle, the defendant climbed out of the driver's side window and fled on foot into the woods. The police officer on scene chose not to pursue the defendant, opting instead to help the defendant's girlfriend get out of the car, which was smoking. The defendant was arrested the next morning.
In November, the defendant was indicted on three counts of felony reckless conduct with a deadly weapon. 1 Ordinarily, reckless conduct is an unspecified misdemeanor. See RSA 631:3. However, it becomes a class B felony when a deadly weapon is used in the commission of the offense. See id. ; RSA 625:11, V (2016). The defendant also was charged by informations with two misdemeanor offenses, one alleging that he disobeyed a police officer, and the other alleging that he resisted arrest. See RSA 265:4 (2014); RSA 642:2 (2016). In accordance with RSA 625:9, IV(c)(2), the State filed notice at or before the defendant's arraignment that it was electing to prosecute both misdemeanor offenses as class A misdemeanors.
The defendant was tried by jury in April 2016. In its jury instructions, the trial court instructed the jury on the elements of felony reckless conduct and, over the State's objection, on the elements of the lesser-included misdemeanor reckless conduct offense. The jury acquitted the defendant of all three felony reckless conduct charges, but convicted him of three counts of misdemeanor reckless conduct. The jury also convicted the defendant of resisting arrest and disobeying an officer.
At sentencing, the trial court ruled that the lesser-included reckless conduct offenses carried class A misdemeanor penalties. For the charges of resisting arrest and disobeying an officer, the court sentenced the defendant to consecutive twelve-month terms of incarceration. For each of the misdemeanor reckless conduct *470 convictions, it imposed suspended twelve-month sentences that were concurrent with each other but consecutive to the stand committed sentences. This appeal followed.
II
On appeal, the defendant argues that, pursuant to RSA 625:9, IV(c), his misdemeanor reckless conduct convictions constituted class B misdemeanors and that the court erred in sentencing him on those charges as though they were class A misdemeanor offenses. Specifically, he contends that both the text and the legislative history of RSA 625:9, IV(c) indicate that the statute applies to convictions for lesser-included unclassified misdemeanors of crimes that are charged as felony level offenses.
RSA 625:9, IV(c) provides:
Any crime designated within or outside this code as a misdemeanor without specification of the classification shall be presumed to be a class B misdemeanor unless:
(1) An element of the offense involves an "act of violence" or "threat of violence" as defined in paragraph VII; or
(2) The state files a notice of intent to seek class A misdemeanor penalties on or before the date of arraignment. Such notice shall be on a form approved in accordance with RSA 490:26-d.
It is undisputed that at no time prior to arraignment did the State provide notice in accordance with RSA 625:9, IV(c)(2) that, in the event the defendant was convicted of lesser-included misdemeanor reckless conduct offenses, the State would seek class A misdemeanor penalties for such convictions. 2 The defendant maintains that the absence of such notice required the trial court to treat his reckless conduct convictions as class B misdemeanors. We disagree.
The defendant's argument requires us to interpret RSA 625:9, IV. "In matters of statutory interpretation, we are the final arbiter of the intent of the legislature as expressed in the words of a statute considered as a whole."
State v. Lathrop
,
RSA 625:9 is entitled "Classification of Crimes." Paragraph I begins by stating that its provisions "govern the classification of every offense." RSA 625:9, I. Paragraph II provides that "[e]very offense is either a felony, misdemeanor or violation."
Although we acknowledge that a strictly literal interpretation of the statute could support the defendant's position, we reject it because it would produce absurd and illogical results that the legislature could not have intended.
See
Burr
,
Furthermore, adoption of the defendant's proposed construction of RSA 625:9, IV(c) would not serve the purpose intended by the legislature when it enacted the statute in 2009.
See
Senate Comm. on Judiciary, Hr'g on SB 201-FN
(Mar. 17, 2009). The legislative history of the statute makes clear that its purpose was not to confer additional procedural or notice rights upon defendants.
Achievement of this cost-savings objective has no applicability when a defendant is charged with a felony. Because incarceration is among the prescribed penalties for a felony, an indigent defendant charged with such a crime will have counsel appointed at the expense of the State; counsel will continue to represent the defendant throughout the proceeding regardless of whether the defendant is ultimately convicted of the felony, convicted of a lesser-included misdemeanor, or acquitted. Thus, the legislative purpose would not be served by requiring the State to designate at the time of arraignment on the felony charge whether, if the defendant is convicted on a lesser-included unclassified misdemeanor, it intends to seek class A misdemeanor penalties. Irrespective of whether the prosecutor made such a designation, the State would incur the expenses of court-appointed counsel based upon the potential for conviction of the felony offense.
Finally, we reject the defendant's reliance upon the rule of lenity as a basis for construing RSA 625:9, IV(c) in the manner he advocates.
See
State v. Dansereau
,
Affirmed .
DALIANIS, C.J., and HICKS and BASSETT, JJ., concurred.
The indictments alleged that the motor vehicle the defendant operated constituted the deadly weapon.
The State does not argue that the misdemeanor reckless conduct offenses of which the defendant was convicted meet the criteria necessary to satisfy subparagraph (c)(1) of RSA 625:9, IV, and we therefore have no occasion to consider that issue.
Reference
- Full Case Name
- The STATE of New Hampshire v. Travis C. PAIGE
- Status
- Published