Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Moffit

September 7, 2007

STATE OF KANSAS, APPELLANT,
v.
ZEENA MOFFIT, APPELLEE.



Appeal from Saline District Court; DANIEL L. HEBERT, judge.

SYLLABUS BY THE COURT

1. A question reserved by the State will not be entertained on appeal merely to demonstrate errors of a trial court in rulings adverse to the State. It is long established that the purpose of a State's appeal on a question reserved is to provide an answer to a question of statewide importance that will aid in the correct and uniform administration of the criminal law in future cases.

2. Interpretation of a sentencing statute is a question of law, and the appellate court's standard of review is unlimited.

3. Under the fundamental rule of statutory construction, the intent of the legislature governs when that intent can be ascertained from the statute. When a statute is plain and unambiguous, an appellate court must give effect to the intention of the legislature rather than determine what the law should or should not be.

4. The general rule is that a criminal statute must be strictly construed in favor of the accused, which simply means that words are given their ordinary meaning. Any reasonable doubt about the meaning is decided in favor of anyone subjected to the criminal statute. The rule of strict construction, however, is subordinate to the rule that judicial interpretation must be reasonable and sensible to effect legislative design and intent.

5. The maxim expressio unius est exclusio alterius, i.e., the inclusion of one thing implies the exclusion of another, may be applied to assist in determining actual legislative intent which is not otherwise manifest, although the maxim should not be employed to override or defeat a clearly contrary legislative intention. Under this rule, when legislative intent is in question, we can presume that when the legislature expressly includes specific terms, it intends to exclude any items not expressly included in the specific list.

6. K.S.A. 65-4159(b) does not prohibit a sentencing judge from granting probation to a defendant convicted of conspiracy to unlawfully manufacture methamphetamine in violation of K.S.A. 21-3302(a) and K.S.A. 65-4159(a).

The opinion of the court was delivered by: Buser, J.

Affirmed.

Before MALONE, P.J., BUSER and LEBEN, JJ.

Zeena Moffit was convicted of conspiracy to unlawfully manufacture methamphetamine in violation of K.S.A. 21-3302(a) and K.S.A. 65-4159(a). Over the State's objection, the district court granted Moffit a dispositional departure and she was placed on probation. The State appeals this ruling on a question reserved under K.S.A. 2006 Supp. 22-3602(b)(3).

The question reserved: Does K.S.A. 65-4159(b), which provides that any person who engages in the unlawful manufacturing or attempting to unlawfully manufacture any controlled substance "shall not be subject to statutory provisions for suspended sentence, community work service, or probation," prohibit a sentencing court from granting probation to a defendant convicted of conspiracy to unlawfully manufacture methamphetamine? We hold K.S.A. 65-4159(b) does not prohibit a sentencing court from granting probation to a defendant convicted of conspiracy to unlawfully manufacture methamphetamine in violation of K.S.A. 21-3302(a) and K.S.A. 65-4159(a). Given this holding, we affirm.

Factual and Procedural Background

On February 13, 2006, based upon a plea agreement, Moffit was convicted of conspiracy to unlawfully manufacture methamphetamine. Prior to sentencing, Moffit filed a motion for dispositional and durational ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.