Satterfield v. State

599 A.2d 1165, 325 Md. 148, 1992 Md. LEXIS 8
CourtCourt of Appeals of Maryland
DecidedJanuary 8, 1992
Docket37, September Term, 1991
StatusPublished
Cited by5 cases

This text of 599 A.2d 1165 (Satterfield 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
Satterfield v. State, 599 A.2d 1165, 325 Md. 148, 1992 Md. LEXIS 8 (Md. 1992).

Opinions

CHASANOW, Judge.

On June 7, 1989, Baltimore City Police Officer Stanley Nolan was making a purchase at a 7-11 store in Anne Arundel County. As Nolan returned to his truck, he saw a man, who was later identified as George E. Satterfield, Jr., getting into the front passenger seat of a car parked next to his truck. Nolan, an experienced narcotics officer, noticed “a very strong odor of PCP” when the car door was opened.

Immediately after the car left the 7-11 parking lot heading north on Point Pleasant Road, an Anne Arundel County police cruiser driven by Officer James Teare pulled into the lot. Nolan told Teare that a tan Monte Carlo, occupied by three white males, had just left the parking lot. Nolan further told Teare that, based upon the strong smell of PCP [150]*150coming from the car, he believed that a sizeable quantity of freshly shaken or applied liquid PCP could be found in the Monte Carlo.

Officer Teare testified that he knew Officer Nolan and was aware of his expertise in the field of narcotics. Officer Teare, accompanied by Officer Nolan, drove one mile north on Point Pleasant Road before spotting the Monte Carlo parked outside the Double Eagle Saloon. The two officers arrived just as Satterfield and the two other men were walking to the door of the bar. Officer Nolan confirmed that both the car and the individuals were those that he had seen in the 7-11 parking lot. In response to Teare’s call for back-up, Anne Arundel County Police Officers Athena Blake and Max Weinstein joined the surveillance effort at the Double Eagle Saloon.

After roughly half an hour, the same three white males emerged from the Double Eagle Saloon and headed toward the tan Monte Carlo. Satterfield went to the trunk of the car, removed a white plastic bag, and then got into the front passenger seat of the car. A man later identified as Russell Michael got into the driver’s seat, and a man named Ronald Aiken got into the back seat. The car then left the parking lot and proceeded less than half a mile before Officer Blake, in a marked car, stopped the Monte Carlo for driving on the wrong side of the road. Officers Teare and Blake each testified that, as they approached the car, they smelled the strong odor of PCP coming from it.

Behind the driver’s seat of the Monte Carlo, Officer Blake found a white plastic bag containing a glass jar, a bag of green vegetable material, sandwich baggies, a hypodermic syringe, and a 35mm film canister. The green vegetable material was determined by a police chemist to be 32.43 grams of parsley flakes laced with PCP. From Satterfield’s pockets, Officer Weinstein recovered a list of names and monetary amounts, E-Z Wider rolling papers, and “bunched” paper currency amounting to $145.

[151]*151Satterfield was convicted in the Circuit Court for Anne Arundel County of possession with intent to distribute phencyclidine (PCP) and of two counts of possession of paraphernalia. On April 7, 1990, he was sentenced to seven years imprisonment for possession with intent to distribute PCP, a consecutive two-year term for possession of a hypodermic syringe, and another consecutive two-year term for possession of plastic baggies. The Court of Special Appeals, in an unreported opinion, affirmed Satterfield’s convictions and sentences. We granted Satterfield’s petition for certiorari to determine whether Satterfield could be convicted of and sentenced on two separate counts of possession of paraphernalia. For the reasons set forth below, we believe Satterfield may be properly convicted of only a single count of possession of paraphernalia.

Satterfield was charged with and convicted of possessing the hypodermic syringe and the plastic baggies, each in violation of Maryland Code (1957, 1987 Repl.Vol.), Article 27, § 287(d).1 Defense counsel explained at oral argument [152]*152that the hypodermic syringe, which was found in the plastic bag among the other items, was used to “spray” the parsley with liquid PCP. Defense counsel referred to this Court’s explanation in State v. Owens, 320 Md. 682, 687, 579 A.2d 766, 768 (1990), that a substance which is “laced” with PCP is usually “dipped into, or sprayed with, PCP.” The Assistant Attorney General representing the State seemed to agree:

THE COURT: You are satisfied that the hypodermic was used in conjunction with mixing the PCP with parsley?
THE STATE: I would think so. There was, as the Court has eluded, very little evidence provided during trial as to the exact use in this particular instance, but given the context in which it was found—
THE COURT: But given the context? How in the world do you use a hypodermic syringe in this process?
THE STATE: Well I think it was discussed earlier; the idea of using the hypodermic syringe for the PCP to spray it on the parsley leaves____

After the parsley was sprayed, the baggies would then be used to package the PCP-laced parsley for sale. Thus, the parties agreed that it was a reasonable inference from the evidence that both items of paraphernalia were used in conjunction with the preparation and sale of the PCP-laced parsley. As there was no evidence to indicate that the hypodermic syringe was used for purposes of injection, the count charging possession of the syringe does not fall within § 287(d)(1). Rather, the syringe here was used to [153]*153contain and spray the liquid PCP; therefore, it more appropriately falls within the proscription of § 287(d)(2). The baggies clearly fall within that same section’s interdiction.

Because both counts were charged under a single statute, the task before the Court is to determine what the legislature intended to be the appropriate unit of prosecution. Owens, 320 Md. at 686, 579 A.2d at 767. Divining the intent of the legislature is not always a simple task. “As helpful as the various rules of statutory construction may be in determining legislative intent, perhaps the soundest guidance comes from the Supreme Court’s admonition that we give the language of a statute a ‘commonsensica! meaning.’ ” Randall Book Corp. v. State, 316 Md. 315, 324, 558 A.2d 715, 720 (1989) (quoting United States v. Universal Corp., 344 U.S. 218, 221, 73 S.Ct. 227, 229, 97 L.Ed. 260, 264 (1952)).

The State argues that the legislature, in an attempt to “turn the screw of the criminal machinery — detection, prosecution and punishment — tighter and tighter,” 2 intended that each different item of paraphernalia be punished separately. The State cites Cunningham v. State, 318 Md. 182, 567 A.2d 126 (1989) to support its contention. In Cunningham, this Court allowed separate punishment for convictions of one count of possessing cocaine and one count of possessing heroin where the defendant simultaneously possessed separate quantities of each drug in the same bag. In permitting punishment for each of the two convictions, we held that “the legislature intended to make each controlled dangerous substance an allowable unit of prosecution____” Id. at 192-94, 567 A.2d at 131.

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Satterfield v. State
599 A.2d 1165 (Court of Appeals of Maryland, 1992)

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Bluebook (online)
599 A.2d 1165, 325 Md. 148, 1992 Md. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/satterfield-v-state-md-1992.