Patterson's prison term was ordered to run consecutive to a prior sentence of 133 months imposed in an earlier case. Ordinarily, appellate courts will not consider an issue which the parties do not raise in the district court. There is an exception to this general rule, however, in exceptional circumstances, where consideration of the new issue is necessary to serve the ends of justice or to prevent a denial of fundamental rights. Patterson now raises will determine whether his conviction stands as a felony or a misdemeanor, with a substantial impact on his period of incarceration. Thus, consideration of the issue in this case is consistent with the criteria listed in Bell .
Statutory interpretation is a question of law.
A nonperson misdemeanor. If any person has a prior conviction under this section or a conviction for a substantially similar offense from another jurisdiction, then such person shall be guilty of a drug severity level 4 felony. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. A nonperson misdemeanor. If any person has a prior conviction under this section, a conviction for a substantially similar offense from another jurisdiction or a conviction of a violation of an ordinance of any city or resolution of any county for a substantially similar offense . . . , then such person shall be guilty of a drug severity level 4 felony.