Poole v. State

549 A.2d 417, 77 Md. App. 105, 1988 Md. App. LEXIS 209
CourtCourt of Special Appeals of Maryland
DecidedNovember 3, 1988
DocketNo. 87
StatusPublished
Cited by7 cases

This text of 549 A.2d 417 (Poole 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
Poole v. State, 549 A.2d 417, 77 Md. App. 105, 1988 Md. App. LEXIS 209 (Md. Ct. App. 1988).

Opinion

ROBERT M. BELL, Judge.

John Poole, appellant, was charged in a 28 count indictment with various narcotics offenses. Pursuant to a written plea agreement reached with the State and presented to the trial judge for approval, he pled guilty to two counts of distribution of cocaine and two counts of maintaining a common nuisance.1 When he appeared for the sentencing and learned that the trial judge would not impose the sentence recommended pursuant to the plea agreement, appellant accepted the opportunity given him by the court to withdraw his plea and proceed to trial before a jury in the Circuit Court for Washington County. Following that trial, at which only the four counts agreed to in the plea agreement were called by the State, appellant was convicted. The trial judge later sentenced him to a total term of [108]*108imprisonment of 40 years. He has appealed from that judgment presenting as the sole question:

Whether the Court erred in refusing to honor a plea agreement it had previously accepted.

Implicit in the issue raised by appellant is the conclusion that the trial judge had presented to him, and indeed bound himself to accept, the plea agreement entered into by appellant and the State. With the exception of the correctness of that conclusion, the facts out of which this appeal arises are largely not in dispute.

After appellant and the State had entered into the written plea agreement, appellant’s counsel and the assistant State’s Attorney met in an off-the-record conference with the trial judge in the judge’s chambers. Following the conference, appellant entered pleas of guilty to four counts of the indictment. During the course of the inquiry conducted to determine the voluntariness of appellant’s pleas, the court informed appellant that “... if you are convicted of these four offenses, you can receive up to 80 years imprisonment and a fine of up to $100,000.00. Do you understand that?”, to which appellant responded, “Yes, sir”. Later, the court received a negative answer when it asked appellant, “Now, has anybody threatened you or pressured you or coerced you, anybody done anything of that nature, to cause you to plead guilty against the advice of your attorney or against your own better judgment?”

The following colloquy concerning the plea agreement, then occurred:

THE COURT: Mr. Poole, I am advised by the attorneys in this case that the plea agreement that has been entered into between the Defendant and the State has been reduced to writing. I understand that that plea agreement which I just examined and read is there in your attorney’s hand and it appears to be your signature on that agreement. Would you please examine that and tell me if that is your signature?
DEFENDANT: Yes, Your Honor.
[109]*109THE COURT: Okay. Look at that plea agreement and tell me whether or not you have been over that with your attorney.
DEFENDANT: Yes, Sir, I have.
THE COURT: Is there anything in there that you don’t understand?
DEFENDANT: No, Your Honor.
THE COURT: Mr. Hassett [Defense counsel], are you satisfied that your client does understand the provisions of that plea agreement?
MR. HASSETT: I am, Sir.
THE COURT: And you’ve been over those provisions with him, item by item?
MR. HASSETT: Your Honor, I would state for the record I think I have thoroughly reviewed this document with my client and I believe that he understands every provision in this plea agreement.
THE COURT: Mr. Poole, what I want to ask you is, is there anything else, and I want it stated on the record if there is, or not, whatever the situation is, I want it stated on the record, is there anything else that has happened, whether anybody, a policeman, a prosecutor, an attorney, a non-attorney, a judge, anyone, has made any promise to you or any inducement or any enticement whatsoever, other than what is contained in that written plea agreement in order to encourage you or get you to enter these pleas of guilty to these four charges?
DEFENDANT: No, Your Honor, that’s it.

The voluntariness inquiry having been completed and the factual basis for the pleas placed on the record, the court accepted the pleas and entered guilty verdicts as to each of the four counts.

The court now turned its attention to the sentencing. The plea agreement contemplated that a presentence investigation report would be ordered and that appellant be continued on bail pending sentencing. This prompted the following colloquy at the bench:

[110]*110THE COURT: I’ll go along with most of these provisions but there’s no way I’m going to release him.
MR. NORMAN [Assistant State’s Attorney]: Oh, Judge!
THE COURT: What’s he supposed to be released for?
MR. NORMAN: Because he’s cooperating with us in the meantime.
MR. HASSETT: Judge, that’s a real important part of this. I can assure you his bail is very high.
MR. NORMAN: A $100,000 bail, Your Honor.
MR. HASSETT: He’s not a threat. I can assure that to the Judge. I think as a protective (inaudible) he’s supposed to call everyday.
MR. NORMAN: He has to call us.
THE COURT: Alright.
THE COURT: Bond is $100,000 and I will continue you on bond until a presentence investigation is complete, and I can tell you one thing, Mr. Poole, that if you get a parking ticket between now and the time that you come before this Court, and I mean anything that indicates to me that you continue to be a merchant in illegal drug trafficking in this community or any other, I’m going to remand you to the custody of the Sheriff without bond and you’re going to face the prospect of eighty years in prison.
I find what has happened in this case and what is going on in this community and what people like yourself who trade in this stuff, which is a scourge on our community, which is causing death and injury to countless individuals, I see your customers in my Juvenile Court, mothers who are strung out on cocaine, pregnant mothers, and I see your customers who have their children taken away from them mercifully because they are unfit to be human beings, much less parents, because of what is happening to them from the invasion of their bodies, minds and souls from drugs. The way you’ve made your living is a scourge on this community and it better stop, it better stop right now, or you’re facing eighty years in prison. (Emphasis added)

[111]*111The court caused the plea agreement to be sealed. Significantly, in discussing what it was to do with the “plea”, the court stated “I just don’t want the press over there to think I’m going soft on him.”

Prior to sentencing but, presumably, after receipt of the presentence investigation report, the court determined not to be bound by the plea agreement.

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

Related

Lee v. State
Court of Special Appeals of Maryland, 2023
Y.Y. v. State
46 A.3d 1223 (Court of Special Appeals of Maryland, 2012)
Cuffley v. State
7 A.3d 557 (Court of Appeals of Maryland, 2010)
State v. Chertkov
619 A.2d 556 (Court of Special Appeals of Maryland, 1993)
Dotson v. State
583 A.2d 710 (Court of Appeals of Maryland, 1991)
State v. Poole
583 A.2d 265 (Court of Appeals of Maryland, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
549 A.2d 417, 77 Md. App. 105, 1988 Md. App. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poole-v-state-mdctspecapp-1988.