Johnson v. State

542 A.2d 429, 75 Md. App. 621, 1988 Md. App. LEXIS 119
CourtCourt of Special Appeals of Maryland
DecidedJune 15, 1988
Docket1369, September Term, 1987
StatusPublished
Cited by26 cases

This text of 542 A.2d 429 (Johnson 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
Johnson v. State, 542 A.2d 429, 75 Md. App. 621, 1988 Md. App. LEXIS 119 (Md. Ct. App. 1988).

Opinions

BLOOM, Judge.

Appellant, Arthur Watkins Johnson Jr., was convicted at a bench trial in the Circuit Court for Baltimore County (Nickerson, J.) of possession of cocaine with intent to dis[626]*626tribute (Md.Ann.Code art. 27, § 286), felony theft (Md.Ann. Code Art. 27, § 342), resisting arrest, and making a false statement (Md.Ann.Code art. 27, § 150). Appellant was sentenced to a fifteen year term of imprisonment for the conviction of possession of cocaine and a consecutive eight year term for the theft conviction. He also received concurrent sentences of eight years for the resisting arrest and six months for the false statement convictions.

Appellant argues that his convictions should be reversed because the evidence supporting them was insufficient. In the alternative, he requests that we vacate his sentences on the ground that Judge Nickerson based the sentences on improper considerations.

Facts

Kenneth Lewis testified that he owned a beige and brown 1985 Toyota Corolla automobile. The car was stolen on November 17, 1985, and he promptly reported the theft to the Baltimore County Police.

Sgt. Patrick Carlton of the Baltimore County Police was on duty in the Woodlawn area of Baltimore County on November 20, 1985. He was in plain clothes and was driving an unmarked car. Shortly after 11:00 a.m. he saw Mr. Lewis’s Toyota. Because there had been “a large amount of thefts of that type of vehicle in the area,” the sergeant radioed his dispatcher to check whether the car had been reported stolen. . The dispatcher reported back that the car had been reported stolen. Because it is difficult for a police officer who is driving an unmarked car to stop a suspected car thief, Sgt. Carlton radioed for an officer in a marked car to help him. While waiting for the marked car to arrive, Sgt. Carlton continued following the stolen Toyota. Eventually the driver of the Toyota drove into the Woodlawn Senior High School parking lot. By that time, the marked police car had joined the pursuit, and the driver of the Toyota was motioned to stop. He did not do so, but sped away to a nearby 7-11 Store.

[627]*627During the chase, Sgt. Carlton had not been able to get close enough to the Toyota to get a good enough view of the driver to identify him. But by the time the driver parked the Toyota in the 7-11 parking lot, the sergeant had been able to pull his car within inches of the Toyota. As a result, he was able to get a good view of the driver before the man alit from the Toyota and fled on foot.

Once the suspect was on foot, the officers on the scene decided that more police officers were required, and they called for additional police assistance. One of the officers who responded to that call was Detective Gus Vaselaros. The detective was driving nearby and when he received the call for help he parked his car on the Security Mall parking lot. From his position on the lot, a place not far from the 7-11 store, Detective Vaselaros watched for suspicious persons. After waiting for about fifteen minutes, the detective saw the appellant approach. The detective’s suspicion was aroused because appellant matched the general description of the suspect, was walking “hastily,” and “kept looking over his shoulder.”

Detective Vaselaros waited until appellant approached to within 30-40 feet, then got out of his car, identified himself as a police officer, and told appellant he wanted to speak with him. Instead of stopping, appellant began to run. The detective pursued and, after a short foot chase, caught appellant and forced him to the ground. Appellant continued to resist and struck the detective in the stomach and again in the chest. Despite his resistance, appellant was subdued and was then formally arrested.

In the course of handcuffing appellant, Detective Vaselaros felt some objects in appellant’s pockets. Searching appellant, the detective found several glassine bags, which contained ninety-five capsules of cut cocaine with a street value of between $1,500 and $2,000. Appellant was then returned to the 7-11 store, where Sgt. Carlton identified him as the man he had seen driving the stolen Toyota.

[628]*628Appellant was taken to the police station, where he was given a routine “in-processing,” in the course of which appellant was asked a series of questions. In response to those questions, appellant gave a false name, an incorrect date of birth, and two different fictitious addresses; he also falsely stated that he had no prior arrests. The processing officer attempted to verify the information given him by appellant but, of course, was unable to do so. The deception was short-lived; when appellant was fingerprinted the police learned his true identity and that he had a prior record.

Sufficiency

Appellant argues that the evidence was insufficient to prove any of the charges against him. He presents a different reason for insufficiency of evidence for each of the convictions.

Appellant’s first claim is that the evidence was insufficient to prove he committed the crime of possession of cocaine with intent to distribute. According to appellant, the State failed to prove the element of intent to distribute because he, appellant, testified that he intended to consume the 95 capsules himself. Judge Nickerson was at liberty to believe or disbelieve that testimony. Nichols v. State, 5 Md.App. 340, 351, 247 A.2d 722 (1968), cert. denied, 253 Md. 735 (1969). The quantity of drugs found on appellant’s person provided, in itself, sufficient evidence to prove the element of intent to distribute, Anaweck v. State, 63 Md. App. 239, 492 A.2d 658, cert. denied, 304 Md. 296, 498 A.2d 1183 (1985). Accordingly, we reject appellant’s contention that the evidence was insufficient to prove the crime of possession of cocaine with intent to distribute.

We next consider the theft charge. Appellant asserts that his conviction for this charge was based on Sgt. Carlton’s eyewitness identification. He contends that Judge Nickerson should have declined to accept the sergeant’s testimony because “the vagaries of eyewitness identification are well known.” There is no merit to this argu[629]*629ment. The law clearly recognizes that, if believed by the fact-finder, identification by one eyewitness is sufficient to prove criminal agency. Branch v. State, 305 Md. 177, 502 A.2d 496 (1986). The matter of credibility is for the fact-finder alone to decide. Id. at 184, 502 A.2d 496. Appellant’s assertion that the evidence was insufficient to prove the crime of theft is without merit.

With respect to his conviction for resisting arrest, appellant asserts that the evidence was insufficient because Detective Vaselaros lacked probable cause to arrest him. We have set forth above the circumstances leading to appellant’s arrest, and no useful purpose would be served in reciting those facts again. We believe the facts show that Detective Vaselaros had probable cause to arrest appellant, i.e., reasonable grounds to believe that appellant was guilty of theft. See Parker v. State, 66 Md.App. 1, 502 A.2d 510, cert. denied, 306 Md. 70, 507 A.2d 184 (1986).

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Johnson v. State
542 A.2d 429 (Court of Special Appeals of Maryland, 1988)

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Bluebook (online)
542 A.2d 429, 75 Md. App. 621, 1988 Md. App. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-mdctspecapp-1988.