Dyson v. State

878 A.2d 711, 163 Md. App. 363, 2005 Md. App. LEXIS 100
CourtCourt of Special Appeals of Maryland
DecidedJuly 13, 2005
DocketNo. 2579
StatusPublished
Cited by4 cases

This text of 878 A.2d 711 (Dyson 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
Dyson v. State, 878 A.2d 711, 163 Md. App. 363, 2005 Md. App. LEXIS 100 (Md. Ct. App. 2005).

Opinion

DEBORAH S. EYLER, J.

A jury in the Circuit Court for Howard County convicted Lawrence Lambert Dyson, Jr., the appellant, on one count of felony theft scheme of property valued over $500 and on three counts of misdemeanor theft of property valued at less than [367]*367$500. The court sentenced the appellant to a 10-year term for the felony theft scheme conviction and to 18-month consecutive terms for each misdemeanor conviction, all to be served concurrently to the felony theft scheme sentence.

On appeal, the appellant presents two questions for review:

“I. Did the trial court err by admitting a hearsay statement which unduly prejudiced appellant?
II. Did the trial court err by failing to merge the convictions and sentences?”

For the reasons set forth below, we shall affirm the judgments of the circuit court.

FACTS AND PROCEEDINGS

On December 20, 2002, the appellant, a woman named “Tam,” a woman named “Ebony,” and a man whose name is not disclosed in the record drove to Michelle Wetmore’s apartment in Columbia.1 Ebony remained in the car while the other three met with Wetmore inside her apartment. Tam asked Wetmore if she “wanted to make some money.” Wet-more responded, “Yeah,” and left with the three. They all got in the car with Ebony, with the unnamed man at the wheel, and drove to the Patuxent Medical Group (“PMG”) building, also in Columbia, where they parked nearby.

The appellant entered the lobby of the building. He took the elevator to the third floor and then walked down a hallway to the gynecology department, and entered. He walked through the gynecology department, entering the offices of three gynecology department employees: Janet Carletto, Victoria Hendrickson, and Kimberly Guldan. Carletto’s and Hendrickson’s offices were next to each other, and Guldan’s office was one office over from Hendrickson’s.

All three women were away from their offices at lunch, but had left their purses behind. Carletto’s purse was behind a chair, by the edge of her desk; Hendrickson’s purse was [368]*368halfway underneath her desk, behind another bag; and Guldan’s purse was in a drawer in her desk. The appellant went into each woman’s purse and took credit cards. He took five credit cards from Carletto, three credit cards from Hendrickson, and one credit card from Guldan. About ten minutes after first entering the gynecology department, the appellant returned to the elevator, rode back down to the first floor lobby, and returned to the car.

The appellant showed the stolen credit cards to the occupants of the car. The group drove to a gas station, where the appellant tested the credit cards at the pump to confirm that they were valid. The group then drove to various retail stores around Howard County, including Target stores in Columbia and Ellicott City, a Wal-mart in Ellicott City, a CompUSA in Columbia, and a Rack Room Shoes in Columbia. The appellant gave Wetmore two of the credit cards, and told her to “just go get Play Station II’s.” Before using the cards, Wet-more checked the signatures so she could imitate them. Wet-more, Tam, and Ebony used the credit cards the appellant gave them to make purchases at the stores. The appellant did not enter the stores. At the Target in Ellicott City, he assisted in loading the store purchases into the car.

The three women charged a total of $3,257.62 in merchandise using Carletto’s credit cards and $1,249.35 in merchandise using Hendrickson’s credit card.2

After making the purchases, the group drove to a pawn shop in Baltimore City. The appellant pawned the items [369]*369purchased at the retail stores for cash. He gave Wetmore $300 of the cash he received for the items.

The police were able to identify Wetmore after viewing a surveillance tape from one of the retail stores. She was arrested on January 8, 2003. She gave oral and written statements to Howard County Police Officer James Daly, implicating the appellant, whom she knew by the nickname “the rabbit.”

A statement of 31 charges was filed against the appellant on January 11, 2003. Before trial, the State nol prossed all but four charges against the appellant. Three of the remaining charges were for misdemeanor theft under Md.Code (2002), section 7-104 of the Criminal Law Article (“CL”), one each for stealing a credit card (or cards) from each victim. The fourth remaining charge was for felony theft scheme, under CL sections 7-103 and 7-104, for, “pursuant to one scheme and continuing course of conduct, stealing] MERCHANDISE of TARGET, SHOE RACK, COMP USA, [and] WALMART having a value of $500 or greater[.]” As noted, the appellant was convicted on all four charges.

We shall recite additional facts as pertinent to our discussion of the questions presented.

DISCUSSION

I.

At trial, the State called Wetmore as a witness. She testified that she knew the appellant from having “d[one] a credit card scheme with him.” They had been introduced by a mutual friend.

Wetmore recounted the events of December 20, 2002, as we have recited them above.

On cross-examination, defense counsel questioned Wetmore about the written statement she had given to Officer Daly:

[370]*370Q: Can I read to you what you wrote. You essentially told the officers that [the appellant] is the one who was responsible for all of this, correct?
A: Yes.
Q: And, what you wrote was a black male picks me up in the mornings, he goes around to different office buildings and goes in and makes an attempt to steal credit card[s] and brings them to the car. Then goes to check them at the gas station and that’s to see if they work. And then goes to the stores and purchases thing[s] and take to the pawn shop, and then splits money with me on the profit we make. You didn’t once in [here] say that you’re the one in the store, making the charges, correct?
A: Okay.
Q: You took no responsibility whatsoever for these offenses, correct?
A: Yes, I did. I just didn’t write it down.
Q: You never said I am the one who purchases things?
A: No, I didn’t.
Q: You are the one who purchases the things, correct?
A: Not in the statement. I told them verbally, I didn’t tell them in the statement. What’s the point?
Q: But you didn’t tell the truth right here. You’re the one who purchases the items?
A: Okay.

On redirect examination, the prosecutor sought to have Wetmore clarify her responses to defense counsel’s questions:

Q. When Ofc. Daly spoke to you, did he hand you that piece of paper and just ask you to give a statement? Was that the first thing he did?
A. No. He talked to me first.
Q. So you actually gave him an oral statement before you wrote something down?
A. Yes.
[371]*371Q.

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Related

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172 A.3d 1006 (Court of Special Appeals of Maryland, 2017)
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Kelley v. State
939 A.2d 149 (Court of Appeals of Maryland, 2008)

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Bluebook (online)
878 A.2d 711, 163 Md. App. 363, 2005 Md. App. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyson-v-state-mdctspecapp-2005.