State v. Kidd, 562 N.W.2d 764 (Iowa 1997). · Go Syfert
State v. Kidd, 562 N.W.2d 764 (Iowa 1997). Cases Citing This Book View Copy Cite
85 citation events (73 in the last 25 years) across 9 distinct courts.
Strongest positive: State of Iowa v. Lorraine Ann Messer (iowa, 2012-10-26)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Iowa v. Lorraine Ann Messer (2×) also: Cited as authority (rule)
Iowa · 2012 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
because the meaning of the statute is clear from the words used, the statute is not ambiguous and we have no occasion to consider the rule of lenity.
discussed Cited as authority (verbatim quote) City of Riverdale, Iowa v. Allen Diercks, Marie Randol, and Tammie Picton
Iowa · 2011 · quote attribution · 1 verbatim quote · confidence high
in the absence of a legislative definition of a term or a particular meaning in the law, we give words their ordinary meaning.
examined Cited as authority (verbatim quote) State v. Knowles (2×)
Iowa · 1999 · signal: see · quote attribution · 2 verbatim quotes · confidence high
in the absence of a legislative definition of a term or a particular meaning in the law, we give words their ordinary meaning.
discussed Cited as authority (verbatim quote) Sieg Co. v. Kelly
Iowa · 1997 · quote attribution · 1 verbatim quote · confidence high
in the absence of a legislative definition of a term or a particular meaning in the law, we give words their ordinary meaning.
discussed Cited as authority (rule) State of Iowa v. Milton Andrew Bokemeyer
Iowa Ct. App. · 2024 · confidence medium
(Emphasis added.) The parties agree that the unit of prosecution under section 724.26 is “a firearm,” meaning “the number of firearms controls.” See, e.g., State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (finding the unit of prosecution under section 724.3, prohibiting the knowing “possession of an offensive weapon,” is “possession of a single offensive weapon” (cleaned up)).
cited Cited as authority (rule) Stanley McGlasten a/k/a Stanley McGlaston a/k/a Catman v. State of Mississippi
Miss. · 2021 · confidence medium
Id. (emphasis added) (citing Taylor v. State, 929 N.E.2d 912, 922 (Ind. Ct. App. 2010); State v. Kidd, 562 N.W.2d 764, 766 (Iowa 1997); State v. Lindsey, 583 So. 2d 1200, 1204 (La.
discussed Cited as authority (rule) Steven Schueller v. Allison Gillies and Stone Hill Community Association
Iowa Ct. App. · 2021 · confidence medium
So we need not decide whether later covenants, which Schueller and Gilles did not sign, could be enforced against Schueller. 14 Kidd, 562 N.W.2d 764, 765 (Iowa 1997); see also Compiano v. Kuntz, 226 N.W.2d 245, 249 (Iowa 1975) (consulting Webster’s Third New International Dictionary (1969) to find the definition of “contract” for purposes of section 614.24).
cited Cited as authority (rule) Terri Endress v. Iowa Department of Human Services
Iowa · 2020 · confidence medium
“In the absence of a legislative definition of a term or a particular meaning in the law, we give words their ordinary meaning.” State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
discussed Cited as authority (rule) State v. Gutierrez
Ariz. Ct. App. · 2016 · confidence medium
See, e.g., United States v. Alverson, 666 F.2d 341, 347 (9th Cir. 1982) (phrase “to receive or possess a firearm” expresses legislative intent to allow separate prosecution for each firearm); Sanders v. United States, 441 F.2d 412, 414-15 (10th Cir. 1971) (each firearm is a separate offense under statute that makes it unlawful for any person to receive or possess “a firearm which is not registered to him”); Grappin v. State, 450 So.2d 480, 482 (Fla. 1984) (article “a” in reference to “firearm” in statute clearly shows legislature intended to make each firearm a separate unit of…
discussed Cited as authority (rule) Tyrone Demario Bryson, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · confidence medium
See generally State v. Ross, 845 N.W.2d 692, 700-01 (Iowa 2014); State v. Copenhaver, 844 N.W.2d 442, 447-52 (Iowa 2014); State v. Velez, 829 N.W.2d 572, 584 (Iowa 2013); State v. Kidd, 562 N.W.2d 764, 765-66 (Iowa 1997); State v. Constable, 505 N.W.2d 473, 477-78 (Iowa 1993).
discussed Cited as authority (rule) Armstrong Knight v. State of Mississippi
Miss. Ct. App. · 2016 · confidence medium
Taylor v. State, 929 N.E.2d 912, 922 (Ind.Ct.App.2010); State v. Kidd, 562 N.W.2d 764, 766 (Iowa 1997); State v. Lindsey, 583 So.2d 1200, 1204 (La.Ct.App.1991); State v. Stratton, 132 N.H. 451 , 567 A.2d 986, 989 (1989). ¶ 23.
discussed Cited as authority (rule) State of Iowa v. Patrick Ryan Nicoletto (2×)
Iowa · 2014 · confidence medium
See, e.g., State v. Hearn, 797 N.W.2d 577, 583 (Iowa 2011); State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997). “ ‘To ascertain the meaning of the statutory language, we consider the context of the provision at issue and strive to interpret it in a manner consistent with the statute as an integrated whole.’ ” State v. Pickett, 671 N.W.2d 866, 870 (Iowa 2003) (quoting Griffin Pipe Prods.
discussed Cited as authority (rule) State of Iowa v. Randy Mitchell Copenhaver (2×)
Iowa · 2014 · confidence medium
State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997); see also State v. Muhlenbruch, 728 N.W.2d 212, 216 (Iowa 2007) (“[T]his court has recognized that strict construction of criminal statutes should be applied in cases where there is doubt regarding the allowable unit of prosecution.”). 4 More importantly, with theft, we have to deal with the historical “single-larceny rule” in this state.
examined Cited as authority (rule) State of Iowa v. Valentin Velez (9×)
Iowa · 2013 · confidence medium
E.g., State v. Muhlenbruch, 728 N.W.2d 212, 216 (Iowa 2007) (analyzing the words of the statute to determine whether the unit of prosecution for purposes of possession of a computer containing pornographic materials involved the number of computers or the number of pornographic images); State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (analyzing the definition of the word “an” as a means of determining legislative intent in defining the unit of prosecution).
discussed Cited as authority (rule) Michael Anderson v. State of Iowa
Iowa · 2011 · confidence medium
“That intent is evidenced by the words used in the statute.” State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997). ‘When a statute is plain and its meaning clear, courts are not permitted to search for meaning beyond its express terms.” State v. Chang, 587 N.W.2d 459, 461 (Iowa 1998).
examined Cited as authority (rule) State of Iowa v. Dalevonte Davelle Hearn (4×) also: Cited "see, e.g."
Iowa · 2011 · confidence medium
“That intent is evidenced by the words used in the statute.” State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
discussed Cited as authority (rule) Veatch v. Bartels Lutheran Home
Iowa Ct. App. · 2011 · confidence medium
Our supreme court interpreted the word “a” and explained that “a” is “defined as an article which is ‘used as a function word before most singular nouns other than proper and mass nouns when the individual in question is undetermined, unidentified, or unspecified.’ ” State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
discussed Cited as authority (rule) Jones v. State
Tex. Crim. App. · 2010 · confidence medium
Instead of using the word 'any' to describe the unit of prosecution, the singular words 'a' or ‘another’ should be used.”); Grappin v. State, 450 So.2d 480 (Fla.1984) (quoting Alverson ); State v. Kidd, 562 N.W.2d 764, 765-66 (Iowa 1997) ("An” is a euphonic mutation of the article "a.” Concluding that "a” denotes a singular and that the statute referring to "an offensive weapon” was not ambiguous regarding each weapon being a unit of prosecution); State v. Ose, 156 Wash.2d 140, 146-48 , 124 P.3d 635, 637-39 (2005) (legislature unambiguously defined the unit of prosecution as one …
discussed Cited as authority (rule) Jones, Stephen Bernard
Tex. Crim. App. · 2010 · confidence medium
Instead of using the word 'any' to describe the unit of prosecution, the singular words 'a' or 'another' should be used."); Grappin v. State , 450 So.2d 480 (Fla. 1984) (quoting Alverson ); State v. Kidd , 562 N.W.2d 764, 765-66 (Iowa 1997) ("An" is a euphonic mutation of the article "a." Concluding that "a" denotes a singular and that the statute referring to "an offensive weapon" was not ambiguous regarding each weapon being a unit of prosecution); State v. Ose , 156 Wn. 2d 140, 146-48 , 124 P.3d 635, 637-39 (2005) (legislature unambiguously defined the unit of prosecution as one count per a…
discussed Cited as authority (rule) Jones, Stephen Bernard
Tex. Crim. App. · 2010 · confidence medium
Instead of using the word ‘any’ to describe the unit of prosecution, the singular words ‘a’ or ‘another’ should be used.”); Grappin v. State, 450 So.2d 480 (Fla. 1984) (quoting Alverson); State v. Kidd, 562 N.W.2d 764, 765-66 (Iowa 1997) (“An” is a euphonic mutation of the article “a.” Concluding that “a” denotes a singular and that the statute referring to “an offensive weapon” was not ambiguous regarding each weapon being a unit of prosecution); State v. Ose, 156 Wn. 2d 140, 146-48 , 124 P.3d 635, 637-39 (2005) (legislature unambiguously defined the unit of pros…
cited Cited as authority (rule) Green v. Wilderness Ridge, L.L.C.
Iowa · 2010 · confidence medium
“In the absence of a legislative definition of a term or a particular meaning in the law, we give words their ordinary meaning.” State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
cited Cited as authority (rule) Edward A. Green, Melvin J. Green And Barbara Green Vs. Wilderness Ridge, L.l.c., Loras J. Faber, Sandra Faber, John H. Kivlahan, Doris E. Kivlahan And Dubuque County, Iowa
Iowa · 2010 · confidence medium
“In the absence of a legislative definition of a term or a particular meaning in the law, we give words their ordinary meaning.” State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
discussed Cited as authority (rule) Larson Manufacturing Company, Inc., And Atlantic Mutual Companies Vs. Julie Thorson
Iowa · 2009 · signal: cf. · confidence medium
Cf. State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (stating the word “an” as used in a criminal statute prohibiting unauthorized possession of “an offensive weapon” denotes a singular unit of prosecution).
discussed Cited as authority (rule) Larson Manufacturing Co. v. Thorson
Iowa · 2009 · signal: cf. · confidence medium
Cf. State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (stating the word "an” as used in a criminal statute prohibiting unauthorized possession of "an offensive weapon” denotes a singular unit of prosecution).
discussed Cited as authority (rule) Copier Word Processing Supply, Inc. v. WesBanco Bank, Inc. (2×)
W. Va. · 2006 · confidence medium
State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (footnote omitted) (concluding that, "[t]he statutory language defining the unit of prosecution under section 724.3 is `an offensive weapon.' . . .
discussed Cited as authority (rule) State v. Freeman (2×)
Iowa · 2005 · confidence medium
State v. Johnson, 630 N.W.2d 583, 586 (Iowa 2001); State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
cited Cited as authority (rule) State v. Iowa District Court for Monroe County
Iowa · 2001 · confidence medium
See McCoy, 618 N.W.2d at 325 ; State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
discussed Cited as authority (rule) State v. Wells (2×)
Iowa · 2001 · confidence medium
State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997); see United States v. Freisinger, 937 F.2d 383, 388 (8th Cir.1991); Castaldi v. United States, 783 F.2d 119, 121 (8th Cir.1986).
cited Cited as authority (rule) State v. Chidester
Iowa · 1997 · confidence medium
State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
discussed Cited as authority (rule) State v. Eames (2×)
Iowa · 1997 · confidence medium
State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
cited Cited as authority (rule) State v. White
Iowa · 1997 · confidence medium
State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
cited Cited "see" State v. Hicks
Neb. Ct. App. · 2021 · signal: see · confidence high
See id.
cited Cited "see" State of Iowa v. Lane Michael Hall
Iowa Ct. App. · 2017 · signal: see · confidence high
See State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (noting “a” denotes a singular noun).
discussed Cited "see" State v. Johnson (2×)
Iowa · 2001 · signal: see · confidence high
See State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
cited Cited "see" In Re the Marriage of Hutchinson
Iowa · 1999 · signal: see · confidence high
See generally State v. Kidd, 562 N.W.2d 764 (Iowa 1997).
discussed Cited "see" Lockhart v. Cedar Rapids Community School District (2×)
Iowa · 1998 · signal: see · confidence high
See State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997).
discussed Cited "see" State Ex Rel. Johnson v. Allen
Iowa · 1997 · signal: see · confidence high
See State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (holding the fundamental goal of statutory construction is to ascertain the legislature’s intent and construe statutes in such a way as to give effect to that intent); State v. Adams, 554 N.W.2d 686, 689 (Iowa 1996) (stating evidence of legislature’s intent is found in the language of the statute).
discussed Cited "see, e.g." Sara Jane Gustafson v. Tracey Bell and Shelly Towne
Iowa Ct. App. · 2019 · signal: see also · confidence medium
The dictionary defines “acquainted” as “known by or familiar with another.” Acquainted, The American Heritiage Dictionary of the English Language (1969); see also State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997) (noting that absent a legal definition, we use a dictionary as a “ready source for ascertaining the common and ordinary meaning of a word”).
discussed Cited "see, e.g." Arrion Walton v. State of Indiana (2×)
Ind. Ct. App. · 2017 · signal: see, e.g. · confidence medium
See, e.g., State v. Kidd, 562 N.W.2d 764, 765-66 (Iowa 1997) (collecting cases); Stratton, 567 A.2d at 989 ; State v. Gutierrez, 240 Ariz. 460 , 381 P.3d 254, 260 (Ariz. Ct. App. 2016) (collecting cases, including Taylor), rev. denied; State v. Lindsey, 583 So.2d 1200, 1203-04 (La.
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Mark Anthony KIDD, Appellant
96-630.
Supreme Court of Iowa.
Apr 23, 1997.
562 N.W.2d 764
Linda Del Gallo, State Appellate Defender, and John M. Priester, Assistant State Appellate Defender, for appellant., Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Shawn Wehde, Assistant County Attorney, for appellee.
Harris, Carter, Snell, Andreasen, Ternus.
Cited by 55 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: Supreme Court of Iowa (2)
TERNUS, Justice.

During the execution of a search warrant, police found three sawed-off shotguns bundled together in a sleeping bag in the home of the defendant, Mark Anthony Kidd. Kidd was charged with three counts of unautho[*765] rized possession of an offensive weapon. Iowa Code § 724.3 (1995). [1] Kidd argued at trial the simultaneous possession of three offensive weapons constitutes only one violation of Iowa Code section 724.3. The district court rejected this argument and a jury found Kidd guilty on each charge. After Kidd’s posttrial motions were denied, he filed this appeal.

Section 724.3 prohibits the knowing “possess[ion] of an offensive weapon.” (Emphasis added.) The sole issue on appeal is whether this statute authorizes multiple prosecutions for the simultaneous possession of multiple offensive weapons. The proper meaning of a statute is a legal question. Therefore, our review is at law. Chung v. Legacy Corp., 548 N.W.2d 147, 149 (Iowa 1996); State v. Hippler, 545 N.W.2d 568, 570 (Iowa 1996).

I. The primary goal in statutory construction is to determine and give effect to the legislature’s intent. State v. Johnson, 528 N.W.2d 638, 640 (Iowa 1995). That intent is evidenced by the words used in the statute. State v. Adams, 554 N.W.2d 686, 689 (Iowa 1996). In the absence of a legislative definition of a term or a particular meaning in the law, we give words their ordinary meaning. State v. White, 545 N.W.2d 552, 555 (Iowa 1996). The dictionary provides a ready source for ascertaining the common and ordinary meaning of a word. See State v. Romeo, 542 N.W.2d 543, 548 (Iowa 1996) (referring to dictionary definition of the word “falsifies”). Where the language of a criminal statute leaves an ambiguity with respect to the unit of prosecution, courts apply the rule of lenity: in eases of ambiguity or doubt as to legislative intent, only one offense may be charged. E.g., Bell v. United States, 349 U.S. 81, 83, 75 S.Ct. 620, 622, 99 L.Ed. 905, 910 (1955); United States v. Coiro, 922 F.2d 1008, 1014 (2d Cir.1991); People v. Haggart, 142 Mich.App. 330, 370 N.W.2d 345, 354 (1985); see State v. Welton, 300 N.W.2d 157, 160 (Iowa 1981) (“penal statutes are to be interpreted strictly with doubts therein being resolved in favor of the accused”).

Based on these guiding principles of statutory construction, we begin our analysis by ascertaining the meaning of the words used in section 724.3. If the statutory language is ambiguous, we must then consider application of the rule of lenity.

II. The statutory language defining the unit of prosecution under section 724.3 is “an offensive weapon.” Kidd contends the word “an” is ambiguous and therefore, the rule of lenity should be applied. The State asserts the common meaning of the word “an” denotes a singular unit of prosecution for each weapon possessed. We think the State is correct.

“An” is a euphonic mutation of the article “a.” Webster’s Third New International Dictionary 75 (1993). The letter “n” allows an audible distinction to be made between the article “a” and the word it precedes. Id. Consequently, the resolution of this appeal turns on an interpretation of the article “a.” “A” is defined as an article which is “used as a function word before most singular nouns other than proper and mass nouns when the individual in question is undetermined, unidentified, or unspecified_” Id, at 1 (emphasis added). [2]

Based on the ordinary meaning of the word “an,” as ascertained from the dictionary, we think the statute refers to possession of a single offensive weapon. Therefore,[*766] Kidd’s possession of each sawed-off shotgun is a separate chargeable offense. Because the meaning of the statute is clear from the words used, the statute is not ambiguous and we have no occasion to consider the rule of lenity.

We note our decision is in accord with the majority of courts which have determined the appropriate unit of prosecution under statutes using the same language. E.g., United States v. Freisinger, 937 F.2d 383, 390 (8th Cir.1991) (holding statute prohibiting carrying “a firearm” authorized multiple prosecutions, one for each weapon carried by the defendant); United States v. Alverson, 666 F.2d 341, 347 (9th Cir.1982) (holding proper unit of prosecution under statute prohibiting possession of “an unregistered machine gun” was each gun possessed); Grappin v. State, 450 So.2d 480, 482 (Fla.1984) (holding statute which prohibits theft of “a firearm” defines unit of prosecution as a single firearm); State v. Lindsey, 583 So.2d 1200, 1204 (La.App.1991) (concluding statute prohibiting possession of “a firearm” authorized separate prosecutions for each weapon possessed); State v. Nichols, 865 S.W.2d 435, 437 (Mo.App.1993) (holding statute prohibiting carrying “a knife” defined unit of prosecution as each knife); see City of Cedar Falls v. Flett, 330 N.W.2d 251, 257 (Iowa 1983) (holding conviction of twenty-three ordinance violations for simultaneous possession of twenty-three junk vehicles did not violate double jeopardy clause; exact language of ordinance unclear); cf. Bell, 349 U.S. at 83-84, 75 S.Ct. at 622, 99 L.Ed. at 910-11 (applying rule of lenity where statute prohibited knowing transport of “any woman or girl”); Coiro, 922 F.2d at 1015 (applying rule of lenity to statute prohibiting interference with communication of information “by any person”; “any” is ambiguous because it signifies the plural rather than the singular); United States v. Kinsley, 518 F.2d 665, 670 (8th Cir.1975) (holding the singular act of possessing four firearms was only one offense under statute using the language “any firearm”); Dake v. State, 675 So.2d 1365, 1367 (Ala.Crim.App.1995) (use of the word “any” in description of statutory offense prohibits multiple convictions for violation of statute); State v. Prybil, 211 N.W.2d 308, 312 (Iowa 1973) (the word “any” means “every” and “all,” not “one”). But see Haggart, 370 N.W.2d at 354 (holding statute prohibiting possession of “a firearm” allowed only a single prosecution, regardless of the number of weapons possessed).

The district court did not err in submitting to the jury all three counts of unauthorized possession of an offensive weapon.

AFFIRMED.

1

. An offensive weapon includes a "short-barreled shotgun.” Iowa Code § 724.1(2).

2

. Kidd relies on our decision in First Trust Joint Stock Land Bank v. Armstrong, 222 Iowa 425, 269 N.W. 502 (1936), as support for his contention the word "a” is ambiguous. It is true the court states in its opinion "the word 'a' has varying meanings and uses.” First Trust, 222 Iowa at 431, 269 N.W. at 506. The court also notes the dictionary entry for this word: "It is placed before nouns of the singular number, denoting an individual object, or quality individualized.” Id. at 432, 269 N.W. at 506. We find this case unpersuasive as support for either the defendant or the State. The court’s discussion of the meaning of the word “a” occurs in a context different from that presented here. Moreover, the court’s discussion itself is unenlightening because it is difficult to accurately discern the court’s conclusion as to the meaning of the word, given the rambling nature of the court’s analysis. In sum, we find the First Trust case unhelpful in analyzing the issue under consideration in the present appeal.