Moten v. State

663 A.2d 593, 339 Md. 407, 1995 Md. LEXIS 113
CourtCourt of Appeals of Maryland
DecidedAugust 23, 1995
DocketNo. 95
StatusPublished
Cited by41 cases

This text of 663 A.2d 593 (Moten 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
Moten v. State, 663 A.2d 593, 339 Md. 407, 1995 Md. LEXIS 113 (Md. 1995).

Opinions

RAKER, Judge.

This case presents the question of whether a trial court’s failure to advise a defendant who wishes to waive counsel of allowable penalties, as required by Maryland Rule 4-215, can be harmless error. We shall answer in the negative.

I.

Petitioner Thomas Reginald Moten, a/k/a Thomas Reginald Martinez, was indicted on charges of cocaine distribution, in violation of Maryland Code (1957, 1992 Repl. Vol., 1994 Cum. Supp.) Article 27, § 286(a)(1)1; cocaine possession, in violation of Article 27, § 287; and conspiracy to distribute cocaine, in violation of Article 27, § 290.

When Moten appeared for trial in the Circuit Court for Washington County, he informed the trial judge that he wished to discharge his attorney and represent himself. Following a colloquy with Moten, the court accepted the discharge and waiver of counsel and permitted the petitioner to proceed pro se, with counsel remaining to advise him “as to points of law, etc.” With respect to allowable penalties, the trial court inquired:

THE COURT: And you understand the charges, I’m sure, and the possible consequences of any guilty result?
THE DEFENDANT: Yes, your honor.

After further inquiries unrelated to allowable penalties, the court accepted Moten’s waiver of counsel and the case proceeded to trial. He was convicted of distribution of cocaine and conspiracy to distribute cocaine and sentenced to seven years imprisonment on each count, to be served concurrently.

[409]*409Moten appealed to the Court of Special Appeals, contending only that he was entitled to a new trial because, when he asserted his right to self representation, the judge failed to inform him of the allowable penalties, as required by Rule 4-215(a)(3). In its brief before the intermediate appellate court, the State confessed error, conceding that the requirements of Rule 4-215(a) had not been satisfied. Thus, both parties agreed that the conviction should be set aside because the trial court failed to comply with Rule 4-215(a)(3), rendering waiver of counsel ineffective.

The Court of Special Appeals nevertheless affirmed Moten’s conviction, holding that he knew the allowable penalties and, therefore, the failure of the court to advise him concerning those penalties was harmless error. Moten v. State, 100 Md.App. 115, 640 A.2d 222 (1994). The court, noting Moten’s remarks in his opening statement to the jury, his acknowledgment of receipt of a copy of the charging document, the fact that he had been represented by counsel, and the fact that he had been convicted of the same offenses in another trial two months earlier, concluded that the record corroborated Mo-ten’s affirmation to the trial judge that he knew the nature of the charges and the permissible penalties.

We granted Moten’s petition for writ of certiorari and the State’s conditional cross petition. The conditional cross-petition asks this Court to adopt a rule whereby defendants represented by counsel are presumed to have been informed of the pending charges and the allowable penalties. We hold that under Parren v. State, 309 Md. 260, 523 A.2d 597 (1987), harmless error analysis is inapplicable to a violation of Maryland Rule 4-215(a)(3), and Moten is therefore entitled to reversal of his conviction and a new trial. We also decline to adopt the State’s proposed presumption.

II.

This case requires us once again to consider Maryland Rule 4-215. This Rule provides in pertinent part:

[410]*410Rule 4-215. WAIVER OF COUNSEL
(a) First Appearance in Court Without Counsel.—At the defendant’s first appearance in court without counsel, or when the defendant appears in the District Court without counsel, demands a jury trial, and the record does not disclose prior compliance with this section by a judge, the court shall:
(1) Make certain that the defendant has received a copy of the charging document containing notice as to the right to counsel.
(2) Inform the defendant of the right to counsel and of the importance of assistance of counsel.
(3) Advise the defendant of the nature of the charges in the charging document, and the allowable penalties, including mandatory penalties, if any.
(4) Conduct a waiver inquiry pursuant to section (b) of this Rule if the defendant indicates a desire to waive counsel.
(5) If trial is to be conducted on a subsequent date, advise the defendant that if the defendant appears for trial without counsel, the court could determine that the defendant waived counsel and proceed to trial with the defendant unrepresented by counsel.
The clerk shall note compliance with this section in the file or on the docket.
Hi H« H* Hs 4* H*
(e) Discharge of Counsel—Waiver.—If a defendant requests permission to discharge an attorney whose appearance has been entered, the court shall permit the defendant to explain the reasons for the request. If the court finds that there is a meritorious reason for the defendant’s request, the court shall permit the discharge of counsel; continue the action if necessary; and advise the defendant that if new counsel does not enter an appearance by the next scheduled trial date, the action will proceed to trial with the defendant unrepresented by counsel. If the court finds ho meritorious reason for the defendant’s request, the court may not permit the discharge of counsel without first [411]*411informing the defendant that the trial will proceed as scheduled with the defendant unrepresented by counsel if the defendant discharges counsel and does not have new counsel. If the court permits the defendant to discharge counsel, it shall comply with subsections (a)(1)-(4) of this Rule if the docket or file does not reflect prior compliance.

It is undisputed that the trial judge did not inform Moten of the allowable penalties for the offenses charged in the indictment. We must therefore determine whether Moten’s conviction may be upheld notwithstanding this violation of Rule 4-215(a)(3).

The answer to this question is dictated by our holding in Parren v. State, 309 Md. 260, 523 A.2d 597 (1987).2 Following Parren, we hold that strict compliance with Rule 4-215 is required and that the judge’s advice in this case did not satisfy this standard.

In Parren, we were called upon to determine whether the waivers by two defendants of their right to counsel were effective. We held that once subsections (a)(1)—(4) of Rule 4-215 were invoked, the trial court’s failure to comply fully with its requirements rendered waivers of counsel ineffective. Id. at 282, 523 A.2d at 608. We found that the trial court erred when it accepted the defendants’ waivers as freely and voluntarily made without first advising defendants as to the charges and penalties they faced. Id., at 282, 523 A.2d at 608.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Goodrich v. State
Court of Appeals of Maryland, 2025
Womack v. State
223 A.3d 1130 (Court of Special Appeals of Maryland, 2020)
Valonis v. State
66 A.3d 661 (Court of Appeals of Maryland, 2013)
Gutloff v. State
51 A.3d 775 (Court of Special Appeals of Maryland, 2012)
Pinkney v. State
46 A.3d 413 (Court of Appeals of Maryland, 2012)
Lopez v. State
20 A.3d 812 (Court of Appeals of Maryland, 2011)
State v. Camper
998 A.2d 352 (Court of Appeals of Maryland, 2010)
Turner v. State
993 A.2d 742 (Court of Special Appeals of Maryland, 2010)
Walker v. State
989 A.2d 785 (Court of Special Appeals of Maryland, 2010)
Brye v. State
980 A.2d 435 (Court of Appeals of Maryland, 2009)
Brye v. State
955 A.2d 821 (Court of Special Appeals of Maryland, 2008)
Knox v. State
945 A.2d 638 (Court of Appeals of Maryland, 2008)
Muhammad v. State
934 A.2d 1059 (Court of Special Appeals of Maryland, 2007)
Broadwater v. State
931 A.2d 1098 (Court of Appeals of Maryland, 2007)
Jones v. State
924 A.2d 336 (Court of Special Appeals of Maryland, 2007)
Broadwater v. State
909 A.2d 1112 (Court of Special Appeals of Maryland, 2006)
Powell v. State
907 A.2d 242 (Court of Appeals of Maryland, 2006)
Perez v. State
896 A.2d 380 (Court of Special Appeals of Maryland, 2006)
Richardson v. State
849 A.2d 487 (Court of Appeals of Maryland, 2004)
Webb v. State
800 A.2d 42 (Court of Special Appeals of Maryland, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
663 A.2d 593, 339 Md. 407, 1995 Md. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moten-v-state-md-1995.