Mobley v. State

681 A.2d 1186, 111 Md. App. 446, 1996 Md. App. LEXIS 111
CourtCourt of Special Appeals of Maryland
DecidedSeptember 3, 1996
Docket1981, Sept. Term, 1995
StatusPublished
Cited by5 cases

This text of 681 A.2d 1186 (Mobley 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
Mobley v. State, 681 A.2d 1186, 111 Md. App. 446, 1996 Md. App. LEXIS 111 (Md. Ct. App. 1996).

Opinion

WENNER, Judge.

Appellant, Ricky Mobley, was convicted at a bench trial in the Circuit Court for Howard County of armed carjacking, attempted armed carjacking, robbery with a deadly weapon, attempted robbery with a deadly weapon, use of a handgun in the commission of a felony, use of a handgun in the commission of a crime of violence, two counts of assault, and felony theft. After having been sentenced to a total of thirty-five years of imprisonment, ten to be served without possibility of parole, appellant noted this appeal, presenting us with but two questions, which we have edited for clarity:

I. Did the trial court err in denying his motion to suppress?
II. Was there sufficient evidence to support his convictions for armed carjacking and attempted armed carjacking?

Finding no error, we shall affirm the judgments of the circuit court.

Facts

The victims, Michelle Rudy and Kallie Hajiantoni, reported having been accosted upon alighting from their vehicles in the parking lot of the Elkridge Corners Shopping Center by a man brandishing a handgun and demanding their vehicles. Although Ms. Rudy refused, Ms. Hajiantoni complied, and the assailant fled the scene in Ms. Hajiantoni’s recently purchased white Jeep Grand Cherokee.

*449 Two days later, Detective William Vaselaros of the Baltimore County Police Department observed a white Jeep Grand Cherokee in the parking lot of the Swan Motel on Washington Boulevard, a location from which he had recovered a number of stolen vehicles. As it was unusual for a pricey vehicle to be in the parking lot of a cheap motel, Vaselaros suspected that the Jeep had been stolen. He learned from checking the Jeep’s tags that it had been carjacked.

After radioing for backup units, Vaselaros approached the Swan’s registration desk and learned that the Jeep was registered to Room 110. Upon arrival of the backup units, the officers approached Room 110, knocked on its door, and announced themselves. When appellant responded, the officers entered the room with weapons drawn. After checking the room for additional suspects, appellant was placed under arrest and a handgun was recovered from beneath the bed’s mattress. Detective Vaselaros also found the keys to the Jeep, and a pouch containing several bullets in trousers belonging to appellant.

When appellant was placed under arrest and advised of his Miranda 1 rights, Detective Vaselaros inquired if he knew why he had been arrested. Appellant responded, “Yeah, for the handgun and because I’d been driving around in that Jeep.”

Upon confirming the owner of the Jeep to be Ms. Hajiantoni, Detective Corporal Frank Dayhoff of the Howard County Police Department transported appellant to the station. At the station, appellant waived his Miranda rights, and admitted accosting Ms. Rudy and Ms. Hajiantoni.

At a suppression hearing, one of the Swan’s employees testified that Room 110 had been registered to Kallie and Loucas Hajiantoni. Another of the Swan’s employees testified that, although producing no identification, a white female had registered for Room 110. According to this witness, the white *450 female had arrived in a white Bronco, or Jeep-type vehicle driven by another person.

The parties proceeded to trial on an agreed statement of facts, including testimony from the suppression hearing. According to the agreed statement of facts, if called to testify, the victims would identify appellant as the person who had accosted them.

Ms. Rudy would have testified that appellant approached her after she had gotten out of and locked her vehicle, and he displayed a handgun in the waistband of his trousers. After appellant demanded Ms. Rudy’s keys, she fled the scene.

On the other hand, Ms. Hajiantoni would have testified that, as she was alighting from her vehicle, appellant approached, brandished a handgun, and demanded the Jeep. After surrendering her purse and the Jeep’s keys, Ms. Hajiantoni complied with appellant’s order that she run from the scene. Appellant’s fingerprints were later recovered from the Jeep, and the handgun recovered at the Swan was tested and found to be operable.

I.

Appellant’s motion to suppress was denied on alternative grounds: (1) appellant lacked standing to challenge the search and seizure of Room 110, and (2) exigent circumstances justified a warrantless search of Room 110. In order to resolve this appeal, we need address only the first of these grounds.

As it did here, if the State challenges a defendant’s standing, “the burden of proof is allocated to the defendant to show his standing. The State has no obligation to show non-standing.” Coomes v. State, 74 Md.App. 377, 392, 537 A.2d 1208, cert. denied, 313 Md. 8, 542 A.2d 845 (1988) (citations omitted). Unfortunately for appellant, he presented nothing whatever “to show his.standing.” Id. Indeed, only the State presented evidence that a white female had registered for Room 110 in the name of Ms. Hajiantoni, one of the victims.

*451 Despite informing the police that he had engaged a prostitute to register for Room 110, appellant presented no evidence to that effect, or that the prostitute had permitted him to occupy the room. As we have said, appellant “failed utterly” to meet his burden of proof. See Thompson v. State, 62 Md.App. 190, 201, 488 A.2d 995, cert. denied, 303 Md. 471, 494 A.2d 939 (1985) (“All that came out at the suppression hearing was that the room was registered to [a close friend of the appellant]. The appellant clearly, on the facts made available to [the suppression judge] before he was called upon to rule, had demonstrated no proprietary interest in the motel room itself’). Hence, the suppression judge was not clearly erroneous in concluding that appellant was without standing to challenge the search and seizure of Room 110. Joyner v. State, 87 Md.App. 444, 451, 589 A.2d 1330 (1991). There was no error.

II.

Appellant also contends that the evidence was insufficient to support his convictions for armed carjacking and attempted armed carjacking. Our standard of review in considering the sufficiency of the evidence is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” State v. Albrecht, 336 Md. 475, 479, 649 A.2d 336 (1994) (citing Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).

Md. Ann.Code (1993, 1995 cum.supp.) Article 27, § 348A provides:

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Bluebook (online)
681 A.2d 1186, 111 Md. App. 446, 1996 Md. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobley-v-state-mdctspecapp-1996.