Brye v. State

955 A.2d 821, 181 Md. App. 105, 2008 Md. App. LEXIS 94
CourtCourt of Special Appeals of Maryland
DecidedSeptember 3, 2008
Docket01482, Sept. Term, 2006
StatusPublished
Cited by3 cases

This text of 955 A.2d 821 (Brye 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
Brye v. State, 955 A.2d 821, 181 Md. App. 105, 2008 Md. App. LEXIS 94 (Md. Ct. App. 2008).

Opinion

ADKINS, J.

Marvie Edward Brye, appellant, was convicted by a jury in the Circuit Court for Baltimore County of second degree assault. He raises the following two questions for our review:

I. Did the trial court err by failing to advise appellant of the “nature of the charges in the charging document, and the allowable penalties, including mandatory penalties, if any(,]” as required by Md. Rule 4-215(a)(3)?
II. Did the trial court err in admitting irrelevant and prejudicial evidence?

We find no error in the advisements relating to the charge on which appellant was convicted, and that appellant failed to preserve his objection to the challenged testimony. In these circumstances, we shall affirm the conviction.

FACTS AND LEGAL PROCEEDINGS

On the afternoon of March 27, 2006, appellant’s cousin Christopher Jones, Terri Lomax (the mother of Jones’ eight-year-old daughter), and Dr. Craig Lane (Lomax’s boyfriend), met at Lomax’s apartment in Baltimore County. Although the meeting was initially cordial, an argument developed. Mr. Jones produced a handgun, then threatened and assaulted Dr. Lane. While holding Lane at gunpoint, Jones called appellant and demanded that he come over to the house. Appellant did as asked.

When appellant arrived, he indicated that he was sorry for not coming sooner and offered to shoot Lane for Jones. *110 Appellant then hit Lane in the face and upper body. A fight ensued, during which Lane managed to flee the house and call the police. The police responded to the area and arrested appellant a few blocks away from Lomax’s home.

The day after the altercation, on March 28, 2006, a statement of charges was filed against appellant in the District Court for 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 attempted armed robbery. See Md. Rule 4-211(b). On that date, appellant made his initial district court appearance. Both appellant and the district court commissioner signed a form certifying, inter alia, that the commissioner had “INFORMED Defendant of each offense charged and of the allowable penalties, including mandatory penalties, if any[;]” “REQUIRED Defendant to read the Notice of Advice of Right To Counself;]” and “ADVISED Defendant that an appearance for trial without a lawyer may result in the Court determining that counsel was waived and the Defendant may have to proceed without a lawyer.”

Thereafter, the State’s Attorney for Baltimore County filed an information against appellant in the Circuit Court for Baltimore County. See Md. Rule 4-201(e); Md. Rule 4-211(c). That information superceded the earlier statement of charges and charged appellant 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.

On May 24, 2006, appellant appeared for arraignment in the Circuit Court for Baltimore County. The court explained to appellant, “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 then advised appellant:

You’re charged with first-degree assault, which carries up to twenty-five years; use of a handgun in a felony, carries *111 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. [1] (Emphasis added.)

On June 30, 2006, an attorney with the Public Defender’s Office entered his appearance on appellant’s behalf. On July 31, 2006, the morning of the trial, defense counsel requested a postponement. In support of his motion, defense counsel informed the court that he had just received notice that the State was seeking a mandatory penalty on first degree assault because appellant was alleged to be a repeat offender. Counsel also explained that he had not yet received the State’s response to his request for discovery, and that appellant “indicated to me that he did not want to postpone it himself.” The court responded that it would grant a postponement, even over appellant’s objection, in order to avoid appellant “complaining that he wasn’t properly represented” via a post-conviction proceeding.

Next, the trial court asked “What’s the mandatory?” Both parties agreed that the mandatory penalty for first degree assault for a repeat offender was “ten without parole.” The court then informed appellant, “you’re facing ten years without the possibility of parole. And they just notified your attorney about that this past Friday. So, he’s asking for a postponement so he can prepare a defense for you. I assume you don’t want to go forward and take the ten without parole, do you?” Appellant responded that he did not, but that he was ready for trial because he had been “incarcerated since March” and was “not involved in this situation.” The trial court responded, “Right. 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 *112 into what your statement is and what’s going on.” The court then granted the postponement.

As the court and counsel discussed re-setting the case for trial in 30 to 60 days, appellant repeatedly asked if he had to take the postponement. The court informed him, “No. You can represent yourself if you want.” The parties, the court, and appellant continued to converse, during which the State informed the court that it was ready to proceed to trial. Appellant responded that he too was ready to proceed to trial, stating that if his attorney was not ready “now[,]” he would “never be ready.” The court responded: “He just got the notice on Friday that you’re facing ten -without parole.” The following colloquy ensued:

[APPELLANT]: 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. Your attorney is not going to be representing you. You’re going to have to waive your right to an attorney. Do you understand that?
[APPELLANT]: Yes sir.
[THE COURT]: And you understand that you could get up to twenty-five years in this case?
[APPELLANT]: Yes sir.

Defense counsel then asked that his appearance be struck and handed appellant a copy of the mandatory penalty notice and the written statement of the charges.

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Related

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

Cite This Page — Counsel Stack

Bluebook (online)
955 A.2d 821, 181 Md. App. 105, 2008 Md. App. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brye-v-state-mdctspecapp-2008.