Briscoe v. State

426 A.2d 415, 48 Md. App. 169, 1981 Md. App. LEXIS 224
CourtCourt of Special Appeals of Maryland
DecidedMarch 6, 1981
DocketNo. 704
StatusPublished
Cited by1 cases

This text of 426 A.2d 415 (Briscoe v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Briscoe v. State, 426 A.2d 415, 48 Md. App. 169, 1981 Md. App. LEXIS 224 (Md. Ct. App. 1981).

Opinion

MacDaniel, J.,

delivered the opinion of the Court.

[170]*170On February 15, 1980, in the Circuit Court for Washington County, appellants Darrell Edwin Briscoe and Thomas Blue Jowers pled guilty to first degree murder. They were convicted, and on May 12,1980, Briscoe was sentenced, to life in prison, while Jowers received a sentence of fifteen years’ imprisonment. On appeal both appellants contend the court erred in failing to establish that they understood the nature of the offense to which they pled guilty, as required by Maryland Rule 731 c. Additionally, appellant Jowers contends that his guilty plea was entered involuntarily, and that the charges against him should have been dismissed because of a violation of Maryland Rule 746 a.

The victim, Jerry Bullitt, was shot in the back of the head with a shotgun sometime on Tuesday, June 26,1979. Appellants had induced Bullitt to drive them from Mercersberg, Pennsylvania, to Hagerstown, Maryland; they planned to rob the victim en route. In statements given to the police following their arrest, both appellants admitted their participation in the offense, except that each claimed the other had fired the fatal shot.

I.

Appellants first argue that the record fails to disclose that each defendant entered his plea "voluntarily, with understanding of the nature of the charge and the consequences of the plea,” as required by Maryland Rule 731 c.

We note that before the court accepted appellant Briscoe’s plea it questioned him as follows:

"Q. Mr. Briscoe, have you received a copy of the charging document, have you read it, discussed it with your lawyer and do you understand all the charges against you?
A. Ido.
Q. Mr. Hovermale [Briscoe’s trial counsel], have you advised your client of the nature of the charges [171]*171against him and the consequences of a guilty plea to the First Count of First Degree Murder?
MR. HOVERMALE: Yes, I have, your Honor.
Q. Mr. Briscoe, do you understand the charge to which you are pleading guilty, that is First Degree Murder on June 26, 1979 of a Jerry Irwin Bullitt?
A. Yes sir.”

And prior to accepting appellant Jower’s plea the court questioned him in like manner:

"Q. Have you received a copy of the charging document, have you read it, discussed it with your lawyer and do you understand the charges against you?
A. Yes sir.
Q. Mr. Padula [Jower’s trial counsel], have you advised your client of the nature of the charges against [him] and the consequences of a guilty plea?
MR. PADULA: Yes, your Honor.
Q. Mr. Jowers, do you understand the charge to which you are pleading guilty, that is First Degree Murder on June 26, 1979 of Jerry Irwin Bullitt?
A. Yes sir.”

Lately there has been some confusion as to exactly what Rule 731 c requires, but now that confusion is at an end. State v. Priet, Md. (1981) [No. 17, Sept. Term, 1980, filed January 14, 1981], has established that "[t]he test [in reviewing guilty pleas] ... is whether, considering the record as a whole, the trial judge could fairly determine that the defendant understood the nature of the charge to which he pleaded guilty.” (Slip Opinion, State v. Priet, supra, at 34.)

Elsewhere the Court stated:

"Consistent. . . with the rationale underlying our decision in Davis [v. State, 278 Md. 103 (1976)], Rule 731 c does not impose any ritualistic or fixed [172]*172procedure to guide the trial judge in determining whether a guilty plea is voluntarily and intelligently entered. The rule does not require that the precise legal elements comprising the offense be communicated to the defendant as a prerequisite to the valid acceptance of his guilty plea. Rather, by its express terms, the rule mandates that a guilty plea not be accepted unless it is determined by the court, after questioning of the defendant on the record that the accused understands the 'nature1 of the charge. This, of course, is an essential requirement of the rule and must be applied in a practical and realistic manner. It simply contemplates that the court will explain to the accused, in understandable terms, the nature of the offense to afford him a basic understanding of its essential substance, rather than of the specific legal components of the offense to which the plea is tendered. The nature of some crimes is readily understandable from the crime itself. Necessarily, the required determination can only be made on a case-by-case basis, taking into account the relevant circumstances in their totality as disclosed by the record, including, among other factors, the complexity of the charge, the personal characteristics of the accused, and the factual basis proffered to support the court’s acceptance of the plea. See, e.g., Brady v. United States, 397 U.S. 742, 90 S. Ct. 1463, 25 L. Ed. 2d 747 (1970), holding that the voluntariness of a guilty plea 'can be determined only by considering all of the relevant circumstances surrounding it.’ Id. at 749.”
(State v. Priet, supra, Slip Opinion at 29-30.)

In our view, considering the record as a whole, the trial judge could fairly determine that both appellants understood the nature of the charge to which they pled guilty. Since this is appellant Briscoe’s only allegation of error, we shall affirm his conviction, and proceed to consider appellant Jower’s other allegations of error.

[173]*173II.

Appellant Jowers also contends that his plea was involuntarily entered, and that the charges against him should have been dismissed for violation of Maryland Rule 746, § a of which provides:

"a. General Provision.
Within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 723 (Appearance — Provision for or Waiver of Counsel), á trial date shall be set which shall be not later than 180 days after the appearance or waiver of counsel or after the appearance of defendant before the court pursuant to Rule 723 (Appearance — Provision for or Waiver of Counsel).”

Appellant asserts he was brought to trial beyond the 180-day deadline set by the rule.

Our review of the record discloses the following facts. Appellant’s counsel entered his appearance on August 22, 1979. On September 21, 1979, appellant filed a Motion for Removal, contending he could not receive a fair trial in Washington County. On November 9, 1979, the State filed notice of its intention to seek the death penalty. The trial judge had been aware that the parties had been engaged in plea negotiations and that they desired him to delay ruling on appellant’s Motion for Removal.

On January 16, 1980, (still within the 180-day period prescribed by Rule 746 a) the trial judge held a conference in chambers to determine the status of the case.

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426 A.2d 415, 48 Md. App. 169, 1981 Md. App. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briscoe-v-state-mdctspecapp-1981.