State v. Hunt, 906 P.2d 311 (Utah 1995). · Go Syfert
State v. Hunt, 906 P.2d 311 (Utah 1995). Cases Citing This Book View Copy Cite
45 citation events (23 in the last 25 years) across 4 distinct courts.
Strongest positive: Sorenson's Ranch School v. Oram (utahctapp, 2001-11-23)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Sorenson's Ranch School v. Oram
Utah Ct. App. · 2001 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the best evidence of the true intent and purpose of the legislature in enacting the act is the plain language of the act.
discussed Cited as authority (verbatim quote) Cheves v. Williams
Utah · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
the best evidence of the true intent and purpose of the legislature in enacting the act is the plain language of the act.
examined Cited as authority (rule) Salt Lake City v. Valdez-Sadler (4×)
Utah Ct. App. · 2015 · confidence medium
In any event, "[t]he best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act." State v. Hunt, 906 P.2d 311, 312 (Utah 1995).
discussed Cited as authority (rule) United States v. Butler
10th Cir. · 2010 · confidence medium
Two competing definitions of conviction have been recognized in Utah — “one which denotes the establishment of guilty ‘by verdict or plea,’ and one which refers to ‘the final judgment entered on the plea or verdict.’” State v. Hunt, 906 P.2d 311, 313 (Utah 1995) (quoting State v. Duncan, 812 P.2d 60, 62 (Utah Ct.App.1991)).
discussed Cited as authority (rule) In Re Olympus Const., LC
Utah · 2009 · confidence medium
See, e.g., In re Kunz, 2004 UT 71, ¶ 8 , 99 P.3d 793 *132 ("Pursuant to general principles of statutory interpretation, `we ... look first to the ... plain language,' recognizing that `our primary goal is to give effect to the legislature's intent in light of the purpose the statute was meant to achieve.'" (quoting Evans v. State, 963 P.2d 177, 184 (Utah 1998) (alteration in original))); State v. Hunt, 906 P.2d 311, 312 (Utah 1995) ("The best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act." (quotation marks omitted)). ¶ 11 Part…
cited Cited as authority (rule) State v. Ireland
Utah · 2006 · confidence medium
State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (citation and internal quotation marks omitted). 8 .
discussed Cited as authority (rule) Riddle v. Celebrity Cruises, Inc.
Utah Ct. App. · 2004 · confidence medium
State v. Hunt, 906 P.2d 311, 312 (Utah 1995). ¶ 10 The reach of the Act is limited to regulating “[ejaeh person who sends or causes to be sent an unsolicited commercial email ... through the intermediary of an email service provider located in the state or to an email address held by a resident of the state.” Utah Code Ann. § 13-36-103 (1).
discussed Cited as authority (rule) State v. Burgess-Beynon (2×) also: Cited "see, e.g."
Utah Ct. App. · 2004 · confidence medium
Furthermore, it is a " 'fundamental principle of statutory construction (and ... of language itself) that the meaning of a word cannot be determined in isolation, but must be drawn from the context in which it is used.' " State v. Hunt, 906 P.2d 311, 313 (Utah 1995) (quoting Deal v. United States, 508 U.S. 129, 132 , 113 S.Ct. 1993 , 124 L.Ed.2d 44 (1993)). 8 Defendant argues that "other place of confinement," Utah Code Ann. § 76-8418 , *385 should be limited to "a jail, prison, or other penal ... facility" where "an accused person is committed as an inmate." However, there is nothing in the …
discussed Cited as authority (rule) Labelle v. McKay Dee Hospital Center
Utah · 2004 · confidence medium
Platts v. Parents Helping Parents, 947 P.2d 658, 662 (Utah 1997) (citing Jensen v. Intermountain Health Care, Inc., 679 P.2d 903, 906 (Utah 1984); Millett v. Clark Clinic Corp., 609 P.2d 934, 936 (Utah 1980); Savage Indus., Inc. v. State Tax Comm’n, 811 P.2d 664, 669 (Utah 1991); State v. Hunt, 906 P.2d 311, 312 (Utah 1995)).
discussed Cited as authority (rule) American Fork City v. Pena-Flores (2×)
Utah · 2002 · confidence medium
Also, “ ‘[t]he best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act.’ ” State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (quoting Jensen v. Intemountain Health Care, Inc., 679 P.2d 903, 906 (Utah 1984)).
discussed Cited as authority (rule) State v. Morrison
Utah · 2001 · confidence medium
Indeed, " 'any interpretation which renders parts or words in a statute inoperative or superfluous is to be avoided.' " State v. Hunt 906 P.2d 311, 312 (Utah 1995) (quoting United States v. Rawlings, 821 F.2d 1543, 1545 (11th Cir.1987)). 112 Finally, this court has a " 'duty to construe a statute whenever possible so as to ... save it from constitutional conflicts or infirmities." " In re Marriage of Gonzalez, 2000 UT 28, ¶ 23 , 1 P.3d 1074 (quoting State v. Bell, 785 P.2d 390, 397 (Utah 1989)).
discussed Cited as authority (rule) Kearns-Tribune Corp. v. Salt Lake County Commission
Utah · 2001 · confidence medium
Evans, 963 P.2d at 184 (citing State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (" 'The best evidence of the true intent and purpose of the Legislature ... is the plain language of the Act'" (citation omitted))). 115 The legislature expressly declared its purpose in enacting the Utah Open and Public Meetings Act in section 52-4-1, which reads, "It is the intent of the law that [the] actions [of the state, its agencies and political subdivisions,] be taken openly and that their deliberations be conducted openly." Utah Code Ann. § 52-4-1 (1998).
cited Cited as authority (rule) Hall v. Utah State Department of Corrections
Utah · 2001 · confidence medium
Platts v. Parents Helping Parents, 947 P.2d 658, 662 (Utah 1997); State v. Hunt, 906 P.2d 311, 312 (Utah 1995).
discussed Cited as authority (rule) State v. In
Utah Ct. App. · 2000 · confidence medium
In this case, defendant disputes the trial court's interpretation of the meaning of "convicted." "Previous cases have acknowledged that in the legal context, there are two common meanings for `conviction': one which denotes the establishment of `guilt by verdict or plea' and one which refers to `the final judgment entered on the plea or verdict.'" State v. Hunt, 906 P.2d 311, 313 (Utah 1995) (quoting State v. Duncan, 812 P.2d 60, 62 (Utah Ct. App.1991)); cf. State v. Ewell, 883 P.2d 1360, 1363 (Utah Ct.App.1993) (holding that definition of "conviction" in context of Utah Code Ann. § 76-3-203 …
discussed Cited as authority (rule) State v. IN
Utah Ct. App. · 2000 · confidence medium
In this case, defendant disputes the trial court's interpretation of the meaning of "convicted." "Previous cases have acknowledged that in the legal context, there are two common meanings for 'conviction': one which denotes the establishment of 'guilt by verdict or plea' and one which refers to 'the final judgment entered on the plea or verdict'" State v. Hunt, 906 P.2d 311, 318 (Utah 1995) (quoting State v. Duncan, 812 P.2d 60, 62 (Utah Ct. App.1991)); cf. State v. Ewell, 888 P.2d 1360 , 1363 (Utah Ct.App.19983) (holding that definition of "conviction" in context of Utah Code Ann. § 76-8-208…
discussed Cited as authority (rule) In Re West Side Property Associates (2×)
Utah · 2000 · confidence medium
Fin., Inc. v. Salt Lake County, 948 P.2d 771, 779 (Utah 1997); State v. Hunt, 906 P.2d 311, 812 (Utah 1995). 1 32 The key phrase in the statutory definition of eseaped property is "any property . or any improvements." Black's Law Dictionary defines "any" as "one indiscerimi-nately of whatever kind or quantity." Black's Law Dictionary 86 (5th ed.1979); see also Mt.
discussed Cited as authority (rule) Lund v. Brown
Utah · 2000 · confidence medium
As we have previously noted, " '[AJny interpretation which renders parts or words in a statute inoperative or superfluous is to be avoided." State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (quoting United States v. Rawlings, 821 F.2d 1543, 1545 (11th Cir.1987)).
discussed Cited as authority (rule) Boulder Mountain Lodge, Inc. v. Town of Boulder
Utah · 1999 · confidence medium
Conversely, the Lodge argues that the local consent provision cannot be construed to permit Boulder to preclude the Lodge or any other restaurant from participating in the state’s system of liquor sales. ¶ 15 When interpreting a statute, this Court’s “primary goal is to give effect to the legislature’s intent in light of the purpose the statute was meant to achieve.” Evans v. State, 963 P.2d 177, 184 (Utah 1998). “ ‘The best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act.’ ” State v. Hunt, 906 P.2d 311, 313 (Ut…
discussed Cited as authority (rule) Evans v. State
Utah · 1998 · confidence medium
State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (“ ‘The best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act.’ ” (citation omitted)); CIG Exploration, Inc. v. State Tax Comm’n, 897 P.2d 1214, 1216 (Utah 1995).
cited Cited as authority (rule) Platts v. Parents Helping Parents
Utah · 1997 · confidence medium
State v. Hunt, 906 P.2d 311, 312 (Utah 1995).
discussed Cited "see" State Farm Mutual Automobile Insurance Co. v. Green
Utah · 2003 · signal: see · confidence high
See State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (“[A]ny interpretation which renders parts or words in a statute inoperative or superfluous is to be avoided.” (citations omitted)); Millett v. Clark Clinic Corp., 609 P.2d 934, 936 (Utah 1980) (“[Statutory enactments are to be so construed as to render all parts thereof relevant and meaningful, and that interpretations are to be avoided which render some part of a provision nonsensical or absurd.” (citations omitted)).
discussed Cited "see" Stichting Mayflower Mountain Fonds v. Jordanelle Special Service District (2×)
Utah Ct. App. · 2001 · signal: see · confidence high
See State v. Hunt, 906 P.2d 311, 312 (Utah 1995) ("[A]ny interpretation which renders parts or words in a statute inoperative or superfluous is to be avoided." (Quotations and citation omitted.)).
cited Cited "see" Lieber v. ITT Hartford Insurance Center, Inc.
Utah · 2000 · signal: see · confidence high
See State v. Hunt, 906 P.2d 311, 312 (Utah 1995).
discussed Cited "see" State v. Chapoose
Utah · 1999 · signal: see · confidence high
See State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (“ ‘The best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act.’ ” (quoting Jensen v. Intermountain Health Care, Inc., 679 P.2d 903, 906 (Utah 1984))).
discussed Cited "see" A.C. Financial, Inc. v. Salt Lake County
Utah · 1997 · signal: see · confidence high
See State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (“‘[A]ny interpretation which renders parts or words in a statute inoperative or superfluous is to be avoided.’ ” (quoting United States v. Rawlings, 821 F.2d 1543, 1545 (11th Cir. 1987))).
discussed Cited "see" State in Interest of A.B.
Utah Ct. App. · 1997 · signal: accord · confidence high
Rather, we are guided by the rule that a statute should generally be construed according to its plain language.” Brinkerhoff v. Forsyth, 779 P.2d 685, 686 (Utah 1989) (citation omitted); accord State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (“ ‘The best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act.’” (citation omitted)); Salt Lake City v. Ohms, 881 P.2d 844 , 850 n. 14 (Utah 1994) (explaining statutory language is first source of statutory interpretation: “The reason for such a rule is clear.
discussed Cited "see" State in Interest of AB
Utah Ct. App. · 1997 · signal: accord · confidence high
Rather, we are guided by the rule that a statute should generally be construed according to its plain language." Brinkerhoff v. Forsyth, 779 P.2d 685, 686 (Utah 1989) (citation omitted); accord State v. Hunt, 906 P.2d 311, 312 (Utah 1995) ("`The best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act.'" (citation omitted)); Salt Lake City v. Ohms, 881 P.2d 844 , 850 n. 14 (Utah 1994) (explaining statutory language is first source of statutory interpretation: "The reason for such a rule is clear.
discussed Cited "see, e.g." Jenkins v. Percival (2×)
Utah · 1998 · signal: see also · confidence medium
“Separate parts of an act should not be construed in isolation from the rest of the act.” Id.; see also State v. Hunt, 906 P.2d 311, 312 (Utah 1995) (“[A]ny interpretation which renders parts or words in a statute inoperative or superfluous is to be avoided.” (quotation omitted)).
STATE of Utah, Plaintiff and Appellee,
v.
James Ivan HUNT, Defendant and Appellant
940267.
Utah Supreme Court.
Nov 9, 1995.
906 P.2d 311
1995 Utah LEXIS 80
1995 WL 675049
Jan Graham, Atty. Gen., Joanne C. Slotnik, Asst. Atty. Gen., Salt Lake City, for plaintiff., Michael E. Jewell, Provo, for defendant.
Zimmerman, Howe, Durham, Russon, Stewart.
Cited by 35 opinions  |  Published
[*312] STEWART, Associate Chief Justice:

Defendant James Ivan Hunt brings this interlocutory appeal challenging a district court order denying his motion to dismiss two of three counts charged against him. Hunt was charged in an information with three counts of distributing marijuana, on June 30, July 1, and August 11, 1993, in violation of Utah Code Ann. § 58-37-8(l)(a)(ii), a third degree felony. [1] Nevertheless, because there were multiple counts in the information, the prosecutor presumed that counts II and III were subject to the enhanced penalty provision of § 58-37-8(l)(b) pertaining to repeated offenses. That subsection states in pertinent part:

Any person convicted of violating Subsection (l)(a) with respect to:
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(ii) a substance classified in Schedule III or IV, or marijuana, is guilty of a third degree felony, and upon a second or subsequent conviction punishable under this subsection is guilty of a second degree felony.

(Emphasis added.) As a result, counts II and III were subject to a one degree enhancement to second degree felonies. However, the information also alleged that the offenses had occurred within a “drug free zone.” § 58-37-8(5)(a). Violations involving drugs that occur within such a zone are also subject to heightened penalties:

If the classification that would otherwise have been established would have been less than a first degree felony but for this subsection, a person convicted under this subsection is guilty of one degree more than the maximum penalty prescribed for that offense.

Utah Code Ann. § 58-37-8(5)(c). Thus, with an additional one degree enhancement applied to all three counts, count I was charged as a second degree felony, and counts II and III were charged as first degree felonies.

Hunt does not challenge the school zone enhancement, but he does argue that application of the enhanced penalty provision in § 58-37-8(l)(b) was improper. In construing that section, our primary aim is to ascertain and effectuate the Legislature’s intent. Versluis v. Guaranty Nat’l Cos., 842 P.2d 865, 867 (Utah 1992). “The best evidence of the true intent and purpose of the Legislature in enacting the Act is the plain language of the Act.” Jensen v. Intermountain Health Care, Inc., 679 P.2d 903, 906 (Utah 1984). Moreover, “any interpretation which renders parts or words in a statute inoperative or superfluous is to be avoided.” United States v. Rawlings, 821 F.2d 1543, 1545 (11th Cir.1987) (citing Weinberger v. Hynson, Westcott & Dunning, Inc., 412 U.S. 609, 633, 93 S.Ct. 2469, 2485, 37 L.Ed.2d 207 (1973)); see also US Xpress, Inc. v. Utah State Tax Comm’n, 886 P.2d 1115, 1118 (Utah Ct.App.1994).

In contesting the application of the enhanced penalty provision, Hunt asserts that the offenses resulting in the “second or subsequent conviction” must occur after entry of a first conviction for the penalty to be increased. This argument is based upon policy reasoning that assumes the Legislature intended the enhancement to apply only to offenses that occur after a judgment of conviction is entered and the defendant has had the opportunity to reform and has failed to do so by repeating his crime. See State v. Carlson, 560 P.2d 26 (Alaska 1977); State v. Hollins, 310 N.W.2d 216 (Iowa 1981); Gargliano v. State, 334 Md. 428, 639 A.2d 675 (1994). The purpose of the statute, Hunt submits, is to serve as a warning to first time offenders and to give them an opportunity to reform. Second, Hunt argues that for a conviction to provide the basis for enhancement, there must be both a finding of guilt and an entry of a judgment of conviction. This textual argument essentially posits that the term “conviction” as used in § 58-37-8(1)(b) means “judgment of conviction,” which consists of “both a plea or a verdict and a sentence.” See State v. Duncan, 812 P.2d 60, 62 (Utah Ct.App.1991). Under either argument, a finding of guilt on one count could not be used to enhance the degree of guilt on simultaneously tried offenses because only one judgment of conviction[*313] would be entered on all counts charged in the information.

The State counters that the plain language of the statute reveals that the purpose of the statute is not to give one who is convicted a stronger reason to avoid a second conviction but to deter a person from committing a second crime at any time, even in the absence of a conviction. See United States v. Bennett, 908 F.2d 189 (7th Cir.1990); United States v. Rawlings, 821 F.2d 1543 (11th Cir. 1987); Washington v. State, 273 Ark. 482, 621 S.W.2d 216 (1981); Gimmy v. People, 645 P.2d 262 (Colo.1982); Carr v. State, 96 Nev. 936, 620 P.2d 869 (1980).

We agree. The language of § 58-37-8(l)(b) provides that an enhanced penalty is to be imposed “upon a second or subsequent conviction.” This phrase does not address the timing of the offenses but only the number of convictions and when they are entered. According to Hunt’s first argument, the enhancement provision may not be invoked unless the second offense actually occurred after the entry of the first conviction. Under this reasoning a defendant could commit an offense, be charged for that offense, and commit another offense while the charges were pending without being subject to the enhancement provision. Even if the defendant sold narcotics outside the courthouse while awaiting the return of a verdict on the first charge, that crime would not qualify for enhancement under Hunt’s formulation of the statute. We decline to inject such an amendment into the otherwise plain language of the statute.

Hunt next contends that “conviction” means both a finding of guilt and an entry of judgment in which a sentence is imposed. While this argument, standing alone, does not require that the offense subject to enhancement be committed subsequent to conviction, it does require that all “second or subsequent” offenses be charged separately because a finding of guilt on one count in a multicount information could not provide the basis to enhance penalties on the other counts. For support Hunt cites State v. Duncan, 812 P.2d 60 (Utah Ct.App.1991), which considered whether a witness could be impeached as a convicted felon under Rule of Evidence 609(a)(1) where that witness had pleaded guilty to a felony but his sentence was subsequently reduced to a misdemeanor pursuant to Utah Code Ann. § 76-3-402. In that ease, the Court of Appeals held that both a finding of guilt and a resulting felony sentence are required to impeach a witness as a convicted felon. Id. at 64. But see State v. Ewell, 883 P.2d 1360, 1363 (Utah Ct.App.1993) (holding that definition of “conviction” in context of § 76-3-203(4) firearms enhancement does not include sentencing).

Previous cases have acknowledged that in the legal context, there are two common meanings for “conviction”: one which denotes the establishment of “guilt by verdict or plea” and one which refers to “the final judgment entered on the plea or verdict.” Duncan, 812 P.2d at 62; see also Ewell, 883 P.2d at 1363 n. 1. Those cases have also recognized that the choice of which definition governed turned on “the context and the purpose within which the term ‘conviction’ is used.” Duncan, 812 P.2d at 62. Indeed, it is a “fundamental principle of statutory construction (and ... of language itself) that the meaning of a word cannot be determined in isolation, but must be drawn from the context in which it is used.” Deal v. United States, 508 U.S. 129, -, 113 S.Ct. 1993, 1996, 124 L.Ed.2d 44 (1993). Duncan thus held that because the judgment of conviction (rather than the ascertainment of guilt) reflected “the final determination of the seriousness of the acts committed” and, hence, the relevance of those acts for impeachment purposes, it was that definition to which Rule 609(a)(1) referred. 812 P.2d at 64.

With respect to § 58-37-8(l)(b), however, the context indicates that the appropriate definition of conviction refers to the determination of guilt by verdict or plea rather than by judgment of conviction. A judgment of conviction includes “the plea or verdict, if any, and the sentence.” Utah R.Crim.P. 22(c). Hunt’s interpretation obviates the distinction between the terms “second” and “subsequent” by rendering the term “second” surplusage. The ordinary meaning of “second” is after the first, and the ordinary meaning of “subsequent” is following in time. The penalty for a conviction occurring subse[*314] quent to the entry of a first conviction would be enhanced because it was both a “subsequent” and a “second” conviction. Because the statute provides enhancement for both a “second” and a “subsequent” conviction, the term “second” must mean something other than subsequent. It follows that a conviction on one count in an information can be a legal basis for enhancing other convictions based on counts charged in the same information. See Deal, 508 U.S. at - - -, 113 S.Ct. at 1997; Rawlings, 821 F.2d at 1545; Bennett, 908 F.2d at 194-95.

As a policy matter, moreover, Hunt’s definition of “conviction” would also unnecessarily waste judicial resources. The prosecution could circumvent the multicount enhancement dilemma simply by charging each count in a separate information. Under the present circumstances this would result in three trials, consuming three times the resources. See Deal, 508 U.S. at -, 113 S.Ct. at 1997.

On the basis of the foregoing, we hold that under § 58 — 37—8(l)(b) a conviction on count I may serve as the basis for enhancing Hunt’s penalty on counts II and III irrespective of the timing of the offenses or the employment of a separate or a multicount information. Accordingly, we affirm.

ZIMMERMAN, C.J., and HOWE, DURHAM, and RUSSON, JJ., concur in STEWART, Associate C.J., opinion.
1

. The information described marijuana as a "Schedule I” controlled substance but cited § 58-37-8(l)(b)(ii), which lists marijuana along with schedules III and IV controlled substances.