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State ex rel Romley v. Martin6/5/2003
AFFIRMED
Under the "Drug Medicalization, Prevention, and Control Act of 1996," an initiative proposal adopted by the voters as Proposition 200 and subsequently codified at Arizona Revised Statutes ("A.R.S.") section 13-901.01 (Supp. 2002), a person convicted for the first or second time of "personal possession or use of a controlled substance or drug paraphernalia" may not be sentenced to a term of imprisonment. We granted review in this case to decide whether such "Proposition 200 convictions" can be used for impeachment purposes under Rule 609(a)(1) of the Arizona Rules of Evidence, which allows evidence of a prior conviction to be used for the purpose of attacking the credibility of a witness only if the "crime... was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted."
I.
Insofar as it pertains to the question before us, the factual background in these two consolidated cases is straightforward and undisputed. The two real parties in interest, Steven P. Steadman and Cruz Olivas Landeros (collectively "defendants"), were each charged separately by the State with the commission of a felony, Steadman with theft of a means of transportation, a class 3 felony, and Landeros with knowingly possessing narcotic drugs for sale, a class 2 felony. Each defendant had previously been convicted of one or more offenses involving the personal possession or use of a controlled substance or drug paraphernalia. These previous convictions involved first- or second-time offenses, and each defendant was accordingly sentenced pursuant to Proposition 200 to a term of probation. See A.R.S. § 13-901.01(A) (providing that a court "shall... place the person on probation").
Each defendant moved to preclude the State from using these prior Proposition 200 convictions for impeachment purposes at trial, and, in each case, the superior court granted the motion. The State filed a special action in the court of appeals in each case. The court of appeals consolidated the two cases, accepted jurisdiction but denied relief, holding that Proposition 200 convictions may not be used for impeachment purposes under Rule 609(a)(1) because they are not "punishable by death or imprisonment in excess of one year." State ex rel. Romley v. Martin, 203 Ariz. 46, 48 8, 49 P.3d 1142, 1144 (App. 2002).
The State filed a petition for review, and we granted review to address this issue of statewide concern. We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution, Arizona Rule of Civil Appellate Procedure 23, and A.R.S. § 12-120.24 (2003).
II.
Arizona Rule of Evidence 609(a) allows evidence "that the witness has been convicted of a crime" to be admitted " or the purpose of attacking the credibility of a witness" in two general circumstances. If the crime for which the witness was convicted "involved dishonesty or false statement," evidence of the prior conviction is admissible "regardless of the punishment." Ariz. R. Evid. 609(a)(2). In all other circumstances, Rule 609(a)(1) governs, and the evidence of the prior conviction is admissible only "if the crime... was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted." Because the defendants' prior convictions did not involve dishonesty or false statement, the issue in this case is whether they are covered by Rule 609(a)(1).
In interpreting Rule 609(a)(1), we apply the same principles used in construing statutes. See State ex rel. Romley v. Stewart, 168 Ariz. 167, 168-69, 812 P.2d 985, 986-87 (1991); State v. Baca, 187 Ariz. 61, 63, 926 P.2d 528, 5
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