Davis v. South Carolina Department of Public Safety
Davis v. South Carolina Department of Public Safety
Opinion of the Court
The South Carolina Department of Public Safety (Department) appeals from a circuit court order which determined that the plain meaning of the phrase “term of imprisonment” as used in the felony DUI statute
FACTS
On January 8, 1991, Davis pled guilty to two counts of felony DUI. Both of these counts, on separate indictments, involved one accident, which caused injury to two separate people. On each indictment, Davis was sentenced to five years, suspended on service of two years, a $5000 fine, and five years probation. The fine and sentence on both indictments were concurrent.
Davis completed his sentence of imprisonment on January 16,1992,
LAW/DISCUSSION
I.
Department contends that the legislative intent under the felony DUI statute was to suspend the driver’s license of anyone convicted under the statute for any term of imprisonment which means any prison sentence given. We disagree.
The statutory language at issue is as follows:
The department shall suspend the driver’s license of any person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any term of imprisonment plus three years.
S.C.Code Ann. § 56-5-2945(B) (Supp. 1996) (emphasis added).
The construction of a statute by the agency charged with its administration will be accorded most respectful con
We believe Department’s interpretation of “term of imprisonment” as including a suspended sentence, probation, or parole is clearly erroneous.
When statutory terms are clear and unambiguous, there is no room for construction and the terms must be applied according to their literal meaning. Carolina Power & Light Co. v. City of Bennettsville, 314 S.C. 137, 442 S.E.2d 177 (1994). We believe the phrase “term of imprisonment” clearly and unambiguously refers to physical incarceration and, therefore, the subsequent three-year suspension should begin when a defendant is released from incarceration in a correctional institution or similar facility. See State v. Wickenhauser, 309 S.C. 377, 423 S.E.2d 344 (1992) (term “imprisonment” as used in S.C.Code Ann. § 56-5-2940(4) refers only to actual incarceration and not to any probationary period). Other jurisdictions have likewise determined that “term of imprisonment” as used in various statutes refers to actual physical confinement in jail. E.g., State ex rel. Otterstetter v. McManus, 309 Minn. 68, 243 N.W.2d 730 (1976) (“term of imprisonment” as used in Interstate Agreement on Detainers refers to physical confinement of the prisoner and not parole); Commonwealth v. Kriston, 527 Pa. 90, 588 A.2d 898, 899 (1991) (holding “plain and ordinary meaning of imprisonment is confinement in a correctional or similar rehabilitative institution,” not electronic home monitoring) (emphasis in original). But cf. State v. Rosado, 131 N.J. 423, 621 A.2d 12, 14 (1993) (“[Pjarole is the legal equivalent of imprisonment — a proposition that we adopt for purposes of computing credit for a ‘term of imprisonment’ in the context of this case.”).
Department’s reliance on Attorney General Opinion 92-56 and several cases cited therein is misplaced. Based in part on the cases State v. Germany, 216 S.C. 182, 57 S.E.2d 165 (1949); Picklesimer v. State, 254 S.C. 596, 176 S.E.2d 536 (1970); and Mims v. State, 273 S.C. 740, 259 S.E.2d 602 (1979), the Attorney General’s Office advised Department that “there appears to be a basis in State case law for construing the term ‘imprisonment’ as used in Section 56-5-2945 to include time served as part of a suspended sentence or on parole or probation as well as time spent in physical incarceration.” 1992 Op. S.C. Att’y Gen. 56. The opinion noted, however, that this construction was not free from doubt. Id. We believe these cases do not support Department’s position.
In Germany, the defendant petitioned for habeas corpus, arguing he had been sentenced incorrectly for escaping a chain gang. Defendant’s original sentence had been five years, provided that upon service of nine months the balance would be suspended and the defendant would be placed on parole. Defendant’s sentence for escape was not to exceed his “original sentence,” and he argued that “original sentence” referred only to the nine-month unsuspended portion of his sentence. The supreme court concluded otherwise and stated
The supreme court employed a similar analysis in Picklesimer, where it interpreted the language “at least one third of the term for which he was sentenced to serve.” Picklesimer, 254 S.C. at 599, 176 S.E.2d at 538; see Mims, 273 S.C. at 741-42, 259 S.E.2d at 602 (applying a similar analysis in determining the impact of a defendant’s “consecutive, suspended” sentence when computing parole eligibility).
• Because we are not called upon to determine the term to which Davis was sentenced, but rather only his term of imprisonment, the analysis in these cases is simply not applicable.
II.
Department also appeals the trial court’s ruling that multiple convictions under the DUI statute arising out of a single act should result in only one three-year suspension of Davis’s driver’s license and claims Bay v. South Carolina Highway Department, 266 S.C. 9, 221 S.E.2d 106 (1975), supports its contention that multiple convictions arising out of a single act result in separate and consecutive three-year suspensions. We disagree.
In Bay, the defendant received a five-year sentence for reckless homicide and a five-year sentence for leaving the scene of an accident, to run concurrently. Id. Each sentence carried a mandatory license suspension. The court held that, even though only one accident was involved, the suspensions should run consecutively. The court reasoned as follows:
The charge of leaving the scene after the accident involved different conduct from that upon which the charge of reckless homicide was based; and each suspension resulted from the conviction of a different offense. There is nothing to indicate that respondent is entitled to be rewarded by having the periods of license suspension run concurrently simply because he committed two offenses within a very short period of each other.
Id. at 14, 221 S.E.2d at 108 (emphasis added).
The facts in Bay are distinctly different from those in the present appeal in that here, Davis’s multiple convictions are
For the foregoing reasons, the trial court order is
AFFIRMED.
. S.C.Code Ann. § 56-5-2945 (Supp. 1996).
. This is one of four cases consolidated for our consideration by order of this court. The other cases are: Caraway v. South Carolina Dep’t of Pub. Safety, Op. No. 97-UP-553 (S.C.Ct.App. filed Oct. 21, 1997); Thompson v. South Carolina Dep’t of Pub. Safety, Op. No. 97-UP-552 (S.C.Ct.App. filed Oct. 21, 1997); and Williams v. South Carolina Dep’t of Pub. Safety, Op. No. 97-UP-554 (S.C.Ct.App. filed Oct. 21, 1997).
. We decide this case without oral argument pursuant to Rule 215, SCACR.
. Actually, Davis was incarcerated only eight months, from January 8, 1991 until August 1, 1991, when he was released on supervised fur
. Parker v. State Highway Dep’t, 224 S.C. 263, 78 S.E.2d 382 (1953).
Reference
- Full Case Name
- Jackie Franklin DAVIS v. SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY
- Cited By
- 2 cases
- Status
- Published