Brye v. State

980 A.2d 435, 410 Md. 623, 2009 Md. LEXIS 728
CourtCourt of Appeals of Maryland
DecidedSeptember 18, 2009
Docket127 September Term, 2008
StatusPublished
Cited by20 cases

This text of 980 A.2d 435 (Brye v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brye v. State, 980 A.2d 435, 410 Md. 623, 2009 Md. LEXIS 728 (Md. 2009).

Opinions

HARRELL, Judge.

This Court, in some recent cases, exhibited a degree of tolerance when examining the sufficiency of required advisements to a defendant before acceptance of a waiver of counsel where the totality of advisements was rendered accurately by a series of judges of the same tier of court in a case. See, e.g., Broadwater v. State, 401 Md. 175, 931 A.2d 1098 (2007); Gregg v. State, 377 Md. 515, 833 A.2d 1040 (2003). The present case exceeds that tolerance.

Maryland Rule 4-215(a)(3) provides that a defendant in a criminal case wishing to waive his or her right to counsel first be advised “of the nature of the charges in the charging document, and the allowable penalties, including mandatory penalties, if any.” We are required here to consider whether a circuit court committed reversible error by accepting a defendant’s waiver of counsel where, in the course of the defendant’s pre-trial appearances, the judges before whom he appeared gave conflicting and inaccurate advisements of the penalties for some of the charges then pending against the defendant, but, on the only charge for which the defendant was convicted eventually, a correct advisement was given. In a reported opinion, the Court of Special Appeals concluded [627]*627that the incorrect advisements did not warrant reversal. Brye v. State, 181 Md.App. 105, 955 A.2d 821 (2008). The intermediate appellate court concluded that, because the defendant effectively was advised correctly of the maximum potential penalty he faced for the only crime for which he was convicted, any incorrect advisements he received regarding other charges that did not result in convictions did not warrant reversal. We disagree. Accordingly, we shall reverse the judgment of the intermediate appellate court.

I. Facts

On the afternoon of 27 March 2006, Petitioner Marvie Brye’s (“Brye”) cousin, Christopher Jones, Terri Lomax (the mother of Jones’s eight-year-old daughter), and Craig Lane (Lomax’s current boyfriend) met at Lomax’s residence in Baltimore County.1 Although the meeting between Jones, Lomax and Lane began cordially enough, an argument developed soon. At some point during the heated exchanges, Jones produced a handgun and threatened, and eventually assaulted, Lane. While holding Lane at gunpoint, Jones called Brye and demanded that he join the group at the home. Brye complied.

As an act of contrition for not arriving sooner, Brye, reaching for Jones’s gun, offered to shoot Lane for Jones. In lieu of shooting him, however, Brye struck Lane in the face and upper body with his fists. A general melee ensued between the three men, during which Lane managed to escape and call the police.2 The police responded and arrested Brye a couple of blocks from Lomax’s residence.

On 28 March 2006, the day after the altercation, a statement of charges was filed against Brye in the District Court of Maryland, sitting in Baltimore County, charging him with two counts of false imprisonment, two counts of first degree assault, and one count each of second degree assault and at[628]*628tempted armed robbery. Subsequently, the State’s Attorney for Baltimore County filed a criminal information against Brye in the Circuit Court for Baltimore County, superseding the statement of charges filed in the District Court. The information charged Brye with first degree assault, use of a handgun in the commission of a crime of violence, use of a handgun in the commission of a felony, false imprisonment, and possession of marijuana arising from the 27 March 2006 incident.

On 24 May 2006, Brye appeared for arraignment in the Circuit Court. The arraigning judge informed Brye: “This is not the trial of your case; it’s an arraignment. I’m supposed to make you understand what you’re charged with and the maximum penalties and advise you with regard to your right to an attorney.” The court advised him as follows:

You’re charged with first-degree assault, which carries up to twenty-five years; use of a handgun in a felony, carnes twenty years with a mandatory minimum of five without parole; use of a handgun in a crime of violence, and that carries twenty-five years without parole; false imprisonment which carries up to three years; possession of a handgun, one year or $1,000-or both.

(emphasis added).

A Public Defender entered an appearance on Brye’s behalf on 30 June 2006. During the morning of 31 July 2006, the scheduled trial date, defense counsel requested a postponement from the administrative judge. Counsel stated as grounds that he had only.just received notice that the State was seeking an enhanced penalty on the first degree assault charge because Brye was alleged to be a repeat offender. He also noted that he had not received yet the State’s response to defense requests for discovery. Brye’s counsel explained, however, that his client objected to the request for postponement. Initially, the court granted the request for a postponement, over Brye’s objection, expressing as part of its reasoning that it wished to foreclose Brye claiming in a post-conviction proceeding that he “wasn’t properly represented.”

[629]*629The administrative judge inquired of the parties about the mandatory penalty for the flagship charge, first degree assault. Both sides agreed that the mandatory incarceration penalty for first degree assault for a repeat offender was “ten [years] without parole.” The court informed Brye that he was facing ten years without the possibility of parole, and that the State only notified his defense counsel “this past Friday” about the enhanced penalty being sought. The judge explained to Brye that his counsel was “asking for a postponement so he can prepare a defense for you” and that the court “assume[d] you don’t want to go forward and take the ten without parole, do you?” Brye responded that he was prepared for trial because he had been “incarcerated since March” and was frustrated because he was “not involved in this situation [the incident on 27 March 2006].” The court replied, “Sir, the State doesn’t agree with that. The State says you’re guilty and that they want ten without parole. So, I’d suggest you let [defense counsel] look into what your statement is and what’s going on.”

While the court and counsel discussed re-setting the case for trial in 30 to 60 days, Brye interrupted repeatedly asking whether he had to accept the postponement. The judge informed Brye that he did not, and that he could represent himself if he wished. When the State informed the court that it was prepared to proceed to trial, Brye again noted his readiness, stating that if his attorney was not ready now, then he would “never be ready.” The court reiterated to Brye that his defense counsel “just got the notice on Friday that you’re facing ten without parole.” The following exchange occurred then:

[PETITIONER]: Well, I didn’t do nothing your honor. So, I figure the court will understand the situation.
[THE COURT]: Well, you see, I don’t want you to misunderstand. Because when some judge gives you ten without parole then you’re not going to come back and complain that I didn’t give your attorney time to prepare this case. So, you’re going to have to represent yourself today.

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Brye v. State
980 A.2d 435 (Court of Appeals of Maryland, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
980 A.2d 435, 410 Md. 623, 2009 Md. LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brye-v-state-md-2009.