Brown v. State

584 A.2d 164, 85 Md. App. 523, 1991 Md. App. LEXIS 17
CourtCourt of Special Appeals of Maryland
DecidedJanuary 21, 1991
DocketNo. 458
StatusPublished
Cited by7 cases

This text of 584 A.2d 164 (Brown 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
Brown v. State, 584 A.2d 164, 85 Md. App. 523, 1991 Md. App. LEXIS 17 (Md. Ct. App. 1991).

Opinion

BISHOP, Judge.

Shirley Mitchell Brown appeals from his conviction after a jury trial in the Circuit Court for Anne Arundel County of distribution and conspiracy to distribute a controlled dangerous substance.

ISSUES

Appellant presents the following issues on appeal:

I. Whether the trial court erred when it admitted into evidence, over the objection of counsel, a statement made [526]*526by defendant, notice of which was not provided to defense counsel prior to trial;

II. Whether the trial court erred in allowing evidence of appellant’s narcotics transaction with Officer Young on March 7, 1988 and his subsequent conviction therefor;

III. Whether the trial court’s refusal to strike for cause a venireman who indicated both that he would give more weight to the testimony of a police officer and that he was biased against blacks constituted reversible error;

IV. Whether the trial court erred in considering evidence of dubious reliability at sentencing; and

V. Whether the trial court erred in denying defense counsel the opportunity to respond to the trial court’s remarks made prior to sentencing.

FACTS

Appellant was tried for distribution and conspiracy to distribute cocaine on or about February 17, 1988. Both charges derived from an undercover purchase by Special Agent Kenneth Johnson of the Drug Enforcement Administration and Reginald Gray, a paid confidential informant. Johnson testified that he and Gray drove to Brooks Court in the Newton 20 area of Annapolis, Maryland. Gray identified appellant who was standing among a group of men repairing a car in the Brooks Court parking lot. Gray left the car, approached appellant, and had a short conversation. Gray returned to the car and Johnson drove the car farther down the parking lot. At the same time, Johnson saw appellant talk to another individual who then walked into apartment 805B of Brooks Court.

Johnson testified that approximately five minutes later, “an individual walked from the direction of the crowd where Mr. Brown was.” This individual approached Johnson, who was seated in his car, and introduced himself as “Larry.” Larry handed Johnson a package of white powder, later identified as cocaine, and stated that it cost $1,350.00. Johnson gave Larry $1,400.00. Larry returned to the group [527]*527of men, made an exchange with appellant, and then returned to Johnson’s car and handed Johnson $50.00. During cross-examination, Johnson stated that he first noticed Larry as he was walking toward Johnson’s car from the direction of apartment 805B.

Gray testified that he was with Johnson at Brooks Court in Annapolis on February 17, 1988 and that, after Johnson parked the car, Gray approached appellant and asked the price of an ounce of cocaine. Appellant told him $1,350.00. Gray returned to the car, relayed this information to Johnson and returned to appellant who instructed him to move the car farther down the parking lot. Gray entered the car, and Johnson moved it as instructed. Gray then testified that he saw appellant and his brother go into an apartment. When they came out, one of them approached Larry who was “a runner.” Larry approached the car and handed an ounce of cocaine to Johnson. Larry returned to appellant and brought back $50.00 which he gave to Johnson. Gray acknowledged that he was compensated for his assistance.

Detective Todd Young of the Anne Arundel County Police Department testified that he and Detective Arthur Foote conducted surveillance on February 17, 1988 from a car in another section of the parking lot. Young testified that Larry was part of the group in the parking lot and that he had not observed anyone go into apartment 805B.

Young further testified, over objection, about a cocaine purchase on March 7, 1988, to which appellant pled guilty. The court granted a continuing objection pursuant to Md. Rule 4-323(b)1 to any testimony regarding the March 7, 1988 incident on the grounds of surprise, failure of the State to provide discovery, and due process. The following [528]*528exchange which occurred between the prosecutor and Officer Young is the statement at issue:

Q. Now, did he hand the drugs to you or did he hand the drugs to the CI [confidential informant]?
A. No, he handed the drugs to the CI.
Q. What did Mr. Brown say to the CI?
A. He told the CI the next time for him to do a deal by himself.
Q. Did Mr. Brown then have occasion to say anything to you?
A. Yes. He told me that it’s not that — he said exactly, “It’s not that you’re not okay, I just don't deal with anybody new.”

The State called three more witnesses whose testimony added nothing to the above facts. Appellant did not testify and did not call any witnesses.

DISCUSSION

I.

A. The Statement

Md. rule 4-263(b)(2)2 provides:

(b) Disclosure Upon Request. — Upon request of the defendant, the State’s Attorney shall:
(2) Statements of the Defendant. — As to all statements made by the defendant to a State agent that the State intends to use at a hearing or trial, furnish to the defendant, but not file unless the court so orders: (A) a copy of each written or recorded statement, and (B) the substance of each oral statement and a copy of all reports of each oral statement.

“The major purpose of Md.Rule 4-263 and its predecessors ... is to assist the defendant in preparing a defense and to [529]*529afford protection from surprise.” Russell v. State, 69 Md.App. 554, 564-5, 518 A.2d 1081 (1987), citing Mayson v. State, 238 Md. 283, 208 A.2d 599 (1965) and Powell v. State, 23 Md.App. 666, 675-6, 329 A.2d 413 (1974). Although Md.Rule 4-263(b)(2) includes the phrase “all statements,” the courts have limited the required State disclosure.

In Blake v. State, 15 Md.App. 674, 292 A.2d 780, cert. denied, 266 Md. 734 (1972), appellant was convicted of unlawful distribution of heroin, and appealed arguing, inter alia, that he was not afforded proper discovery pursuant to former Md.Rule 728. Former Md.Rule 728 provided:

a. Generally.
Upon motion of a defendant and upon a showing that the items sought may be material to the preparation of his defense and that the request is reasonable, the Court, at any time after indictment, may order the State’s attorney or other person pursuant to an order to be passed as provided by section b of this Rule:
2. Defendant’s Statements.
To furnish the defendant the substance of any oral statement made by him which the State proposes to produce as evidence to prove its case in chief, a copy of any written statement made by him, and the substance of any oral confession made by him.
b. Form of Order.

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Cite This Page — Counsel Stack

Bluebook (online)
584 A.2d 164, 85 Md. App. 523, 1991 Md. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-mdctspecapp-1991.