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State v. LaBounty11/18/2005
PRESENT: Reiber, C.J., Dooley, Johnson and Skoglund, JJ., and Burgess, D.J., Specially Assigned
1. Defendant Michael LaBounty appeals his conviction on two counts of grossly negligent operation of a motor vehicle. Defendant argues that the State could properly charge him with only one count of grossly negligent operation for a single act of negligent driving that resulted in serious bodily injury to two people. We reverse on one count and remand for further sentencing proceedings on the other.
2. Defendant was driving at an extremely high speed in St. Albans when he lost control of his vehicle and crashed, severely injuring his two passengers. Defendant was charged with two counts of grossly negligent operation under 23 V.S.A. § 1091(b), one for each injured passenger. The trial court determined, without objection, that it was appropriate to proceed on both counts, and a jury convicted defendant on both counts. The trial court imposed a sentence of twenty-four months to fifteen years on the first count, and a consecutive, suspended sentence of five to fifteen years on the second count.
3. Defendant contends that 23 V.S.A. § 1091(b) permits the State to charge only one count of grossly negligent operation for a single act of driving, regardless of how many injuries resulted from that act. Because defendant failed to object to the trial court's decision to allow the jury to consider both counts, we review this issue for plain error only. State v. Oscarson, 2004 VT 4, 27, 176 Vt. 176, 845 A.2d 337. "Plain error exists only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant's constitutional rights." Id. (quoting State v. Pelican, 160 Vt. 536, 538, 632 A.2d 24, 26 (1993)). We will reverse only where we find that the error affected defendant's substantial rights and had an unfair prejudicial impact on the jury's deliberation. Id.
4. The question defendant presents on appeal is one of statutory interpretation. Our goal in interpreting statutes is to give effect to the Legislature's intent. Town of Killington v. State, 172 Vt. 182, 188-89, 776 A.2d 395, 400-01 (2001). In interpreting a criminal statute, the rule of lenity requires us to resolve any ambiguity in favor of the defendant. State v. Goodhue, 2003 VT 85, , 175 Vt. 457, 833 A.2d 861. This includes ambiguity with respect to the number of offenses that can arise from a single transaction. See Bell v. United States, 349 U.S. 81, 84 (1955) (" f Congress does not fix the punishment for a federal offense clearly and without ambiguity, doubt will be resolved against turning a single transaction into multiple offenses.").
5. The statute under which defendant was convicted provides in relevant part:
(b) Grossly negligent operation.
(1) A person who operates a motor vehicle on a public highway in a grossly negligent manner shall be guilty of grossly negligent operation.
(2) The standard for a conviction for grossly negligent operation in violation of this subsection shall be gross negligence, examining whether the person engaged in conduct which involved a gross deviation from the care that a reasonable person would have exercised in that situation.
(3) A person who violates this subsection shall be imprisoned not more than two years or fined not more than $5,000.00, or both. If the person has previously been convicted of a violation of this section, the person shall be imprisoned not more than four years or fined not more than $10,000.00, or both. If serious bodily injury as defined
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