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State v. Manbeck1/30/2004
2002 Supp. 21-4711(c)(2) apply to all involuntary manslaughter convictions, not just those in violation of K.S.A. 2002 Supp. 21-3442.
K.S.A. 2002 Supp. 21-3442 states:
"Involuntary manslaughter while driving under the influence of alcohol or drugs is the unintentional killing of a human being committed in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567 and amendments thereto.
"Involuntary manslaughter while driving under the influence of alcohol or drugs is a severity level 4, person felony."
The fundamental rule of statutory construction, to which all other rules are subordinate, is that the intent of the legislature governs, if that intent can be determined. Gordon, 275 Kan. at 402.
An appellate court may consider various aspects of the statute in attempting to determine the legislative intent. The court must first look at the intent as expressed in the language of the statute. When the language is plain and unambiguous, an appellate court is bound to implement the expressed intent. Gordon, 275 Kan. at 402. Ordinary words are to be given their ordinary meanings without adding something that is not readily found in the statute or eliminating that which is readily found therein. State v. Haug, 237 Kan. 390, 391-92, 699 P.2d 535 (1985).
Courts, however, are not limited to examining the language of the statute alone but may also consider the causes that impel the statute's adoption, the statute's objective, the historical background, and the effect of the statute under various constructions. State v. Dickson, 275 Kan. 683, 689, 69 P.3d 549 (2003).
An appellate court must consider all of the provisions in pari materia rather than in isolation, and these provisions must be reconciled, if possible, to make them consistent and harmonious. Gordon, 275 Kan. at 402. As a general rule, statutes should be interpreted to avoid unreasonable results. State v. Allison, 259 Kan. 25, 34, 910 P.2d 817 (1996).
Generally, criminal statutes are construed in favor of the accused. Any reasonable doubt about their meaning must be resolved in favor of the accused. Nevertheless, this rule of strict construction is subordinate to the rule that judicial interpretation must be sensible and reasonable to effect the legislative design and intent. State v. Vega-Fuentes, 264 Kan. 10, 14, 955 P.2d 1235 (1998).
As evidenced by the different interpretations given by the Court of Appeals, the language of K.S.A. 2002 Supp. 21-4711(c)(2) is ambiguous.
Judge Johnson, in his concurring opinion, wrote:
"I concur with the foregoing result, but I disagree with the statement that 'the question becomes whether the legislature intended that all prior convictions for driving while under the influence of alcohol or drugs should be scored as person felonies in determining the defendant's criminal history score, or should only those convictions for driving while under the influence of alcohol and drugs be scored as person felonies.' If K.S.A. 2002 Supp. 21-4711(c)(2) applies, all prior convictions under K.S.A. 8-1567, regardless of the substance or combination of substances consumed, are scored as person felonies.
"However, the statute specifically limits its applicability to the post-July 1, 1996, commission of 'involuntary manslaughter while driving under the influence of alcohol and drugs.' K.S.A. 2002 Supp. 21-4711(c)(2). Therefore, the question presented is whether the legislature intended the enhanced scoring to be limited to those involuntary manslaughter convictions based upon driving 'under the influence of a combination of alcohol and any drug or drugs.
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