State v. Jeremy Surrell
State v. Jeremy Surrell
Opinion
The defendant, Jeremy Surrell, appeals an order of the Superior Court ( Ruoff , J.) denying his petition to suspend his sentence under RSA 651:20, I (2016). We affirm.
The record reflects the following facts. In 2011, the defendant was indicted on four counts of aggravated felonious sexual assault (AFSA). See RSA 632-A:2, I(l) (2016). These indictments alleged that, on four occasions, the defendant engaged in fellatio with a child under the age of thirteen. In May 2013, the defendant pleaded guilty to two of the AFSA charges and the State entered a nolle prosequi on the other two. The trial court sentenced the defendant to a stand committed sentence of seven and one-half to fifteen years and to a suspended sentence of ten to twenty years.
In January 2017, the defendant filed a petition to suspend his sentence under RSA 651:20, I(a). RSA 651:20, I, provides:
I. Notwithstanding any other provision of law, except as provided in subparagraphs (a), (b), and (c), the sentence to imprisonment of any person may be suspended by the sentencing court at the time of imposition of the sentence or at any time thereafter in response to a petition to suspend sentence which is timely brought in accordance with the limitations set forth below in subparagraphs (a), (b), and (c).
(a) Any person sentenced to state prison for a minimum term of 6 years or more shall not bring a petition to suspend sentence until such person has served at least 4 years or 2/3 of his minimum sentence, whichever is greater, and not more frequently than every 3 years thereafter.
RSA 651:20, I(a). The defendant attached an affidavit supporting his petition and documentation demonstrating his successful completion of educational and rehabilitative programs while incarcerated. The trial court then requested that the Warden of the New Hampshire State Prison prepare *885 and file a synopsis of the defendant's incarceration for the court to consider prior to ruling on the petition. The Warden complied with this request.
Subsequently, the trial court denied the defendant's petition to suspend his sentence, stating that the "conduct against the [victim] does not warrant a lesser sentence." The defendant filed a motion to reconsider. In denying the motion to reconsider, the trial court stated:
The Court carefully considered all of the mitigating evidence submitted by the defendant prior to denying his RSA 651:20 request.
The Court was impressed with the defendant's efforts while serving his sentence. However, the Court cannot ignore the punitive aspect of the original sentence, which is why the Court looked to the offense conduct when making its decision.
This appeal followed.
On appeal, the defendant argues that RSA 651:20, I, prohibits a trial court from denying "a petition on the basis, even in part, of the nature of the offense conduct" and, therefore, the trial court erred when it denied his petition on that basis. He also argues that, even if pursuant to RSA 651:20, I, a trial court can take account of the nature of the offense, the court erred when it denied the petition to suspend solely on that basis without "weigh[ing] [his] rehabilitative success against the need for further punishment."
The suspension of a sentence is not obligatory: a trial court has broad discretion in deciding whether or not to grant a petition to suspend a sentence.
State v. Duquette
,
In matters of statutory interpretation, we are the final arbiters of the intent of the legislature as expressed in the words of the statute considered as a whole.
See
Moran
,
The defendant first argues that the trial court erred by denying his petition to suspend on the basis of the nature of the underlying offense. He argues that RSA 651:20, I, prohibits the trial court from denying a petition on the basis, even in *886 part, of the nature of the offense and, instead, requires that the court base its decision on only the prisoner's rehabilitative efforts. He makes two overarching arguments in support of this contention: (1) he asserts that the plain language of the statute supports his interpretation; and (2) he argues in the alternative that we should conclude that the statute is ambiguous and examine legislative history, which, he asserts, supports his interpretation of the statute. The State counters that the statute is unambiguous and that the plain language of RSA 651:20 does not preclude the trial court from considering the nature of the underlying offense. We agree with the State.
We first address the defendant's arguments that the plain language of RSA 651:20, I(a)-(c) supports his interpretation of the statute. The defendant argues that we should read the plain language of subparagraph I(a), which permits state prisoners to file petitions to suspend after serving two-thirds of the minimum sentence, as requiring that the trial court's decision "depend entirely on whether the prisoner has demonstrated successful rehabilitation." We disagree. The plain language of subparagraph I(a) neither prohibits the trial court from denying a petition based upon the nature of the offense, nor requires the court to consider only rehabilitative efforts.
The defendant also argues that the plain language of subparagraphs I(b) and (c) supports his interpretation of the statute. Specifically, he contends that, because I(b) authorizes a prisoner to file a petition at any time if the commissioner deems him or her a suitable candidate, and I(c) empowers the attorney general to file a petition on a prisoner's behalf at any time based on that prisoner's assistance in investigating or prosecuting a felony, it is evident that the legislature intended that the trial court consider only a prisoner's post-sentencing rehabilitative efforts, to the exclusion of other factors. We disagree. Although subparagraphs I(b) and (c) relate to a prisoner's post-sentencing conduct, as assessed by either the commissioner or the attorney general, these provisions govern when and whether a petition can be filed; they do not relate to the factors that the trial court may properly consider. See RSA 651:20, I.
Indeed, although RSA 651:20, I, is silent regarding the evidence or factors that the trial court may consider in ruling upon a petition to suspend a sentence, the plain language of the statute does not prohibit the trial court from considering any particular evidence or factors in reaching its decision, nor does it require the trial court to consider any specific factor. Consequently, the defendant's interpretation of the statute-that the plain language precludes the trial court from denying a petition based, even in part, on the nature of the offense-would require us to add language to the statute, which we will not do.
See
Diallo
,
Moreover, the statute provides that a sentence "
may
be suspended by the sentencing court," RSA 651:20, I (emphasis added), reflecting a legislative intent to vest the trial court with discretion,
see, e.g.
,
Duffy v. City of Dover
,
We next turn to the defendant's alternative argument: that, because RSA 651:20, I, does not itemize the factors the trial court may consider when ruling on a timely petition, it is ambiguous. He argues that we must, therefore, examine the legislative history of the statute, which, he asserts, supports his interpretation. He further contends that, "to the extent that any ambiguity remains after consideration of the text and history of RSA 651:20, the rule of lenity requires" us to adopt his position. The State counters that the statutory language is unambiguous, and, therefore, we need not examine legislative history, or apply the rule of lenity. We agree with the State.
The defendant argues that the statute is ambiguous because its "silence leaves [it] open to more than one reasonable interpretation." We will consider a statutory provision to be ambiguous, and, therefore, consult its legislative history, only when there is more than one
reasonable
interpretation of the provision.
See
State v. Chrisicos
,
The defendant also argues that the statute is ambiguous because it is silent as to what factors the court may consider in ruling on a petition. Although we have observed that a statute's silence can "arguably" create an ambiguity,
In re Juvenile 2005-212
,
Here, we conclude that the statute is not ambiguous. The legislature's silence as to what factors the court should consider, coupled with the use of the permissive term "may," demonstrates a legislative intent to leave the decision as to what factors or evidence to consider to the trial court's discretion. The trial court's discretion is not unfettered: it must be exercised "to best meet the constitutional objectives
*888
of punishment, rehabilitation and deterrence."
Petition of State of N.H. (Fischer)
, 152 N.H. at 211,
Because we have concluded that RSA 651:20, I, is unambiguous, we need not consider the defendant's arguments regarding the legislative history of RSA 651:20, or the rule of lenity.
See
Moran
,
Next, we turn to the defendant's argument that the trial court erred because, "even if a court can take account of the nature of the offense, it cannot deny a petition to suspend on the basis only of a judgment about the nature of the offense." The defendant asserts that the trial court erred when, in its order, it did not weigh the defendant's rehabilitative success against the need for continuing punishment, and based its decision only on the nature of the offense. The defendant's argument is based upon an incorrect premise. We disagree with the defendant's interpretation of the trial court order-in fact, the trial court did not deny the petition based solely on the nature of the offense.
The interpretation of a trial court order presents a question of law for us to decide.
See
Edwards v. RAL Auto. Group. Inc.
,
Finally, the defendant argues that the trial court erred because it did not make sufficient factual findings about the quality of the defendant's rehabilitation and whether he had a continuing need for treatment. However, the defendant has not demonstrated that he preserved this issue for our review, and, therefore, we will not address it.
See
State v. Brooks
,
Affirmed .
HICKS and HANTZ MARCONI, JJ., concurred.
Reference
- Full Case Name
- The STATE of New Hampshire v. Jeremy SURRELL
- Cited By
- 1 case
- Status
- Published