Walker v. State

958 A.2d 915, 406 Md. 369, 2008 Md. LEXIS 581
CourtCourt of Appeals of Maryland
DecidedOctober 24, 2008
Docket75, Sept. Term, 2007
StatusPublished
Cited by12 cases

This text of 958 A.2d 915 (Walker 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
Walker v. State, 958 A.2d 915, 406 Md. 369, 2008 Md. LEXIS 581 (Md. 2008).

Opinions

MURPHY, J.

In the Circuit Court for Howard County, Kevin Walker, Petitioner, was convicted of possession of a forged document. He now argues that he is entitled to a new trial on the ground that the Circuit Court erroneously failed to conduct a jury [371]*371trial waiver inquiry required by Md. Rule 4-246(b). The Court of Special Appeals rejected this argument. For the reasons that follow, so do we.

I.

Petitioner was arrested by Howard County police officers about 3:00 p.m. on July 24, 2005. Later that day he was served with a District Court STATEMENT OF CHARGES that formally charged him with two violations of the Maryland Controlled Dangerous Substances Act and eight violations of § 8-601 of the Criminal Law Article. A defendant charged with any of these offenses has a right to be tried in the District Court, as well as a right to be tried in the circuit court. The District Court set Petitioner’s bail at $5,000, and scheduled Petitioner’s trial for October 14, 2005. On September 29, 2005, the District Court received a DEMAND FOR JURY TRIAL filed on Petitioner’s behalf by his trial counsel. Petitioner’s circuit court trial was originally scheduled for November 29, 2005, but was rescheduled to January 24, 2006 at the request of Petitioner’s trial counsel.

Petitioner’s trial counsel filed several pretrial motions, including what he described as “more properly characterized as a motion to dismiss, based on an unlawful arrest.” That motion was heard and denied on January 10, 2006. On January 24, 2006, the following transpired in open court:

[THE PROSECUTOR]: Your Honor, we are proceeding by way of a not guilty agreed statement of facts as to Count 7 which is possession of a forged document. Your Honor, the State and the Defense will be recommending a flat time served disposition of this matter.
[COUNSEL FOR WALKER]: Your Honor ... that’s our understanding of the agreement.
[COUNSEL FOR WALKER]: And, Your Honor, just so it is clear to Mr. Walker, by proceeding on a not guilty [372]*372statement of facts as him and I have discussed, he is essentially preserving his automatic right to appeal.
[THE COURT]: Right.
[COUNSEL FOR WALKER]: Certain motions that have been made previously in this case.
[THE COURT]: Right, I saw the record, there was a—
[COUNSEL FOR WALKER]: A Motion to Dismiss that was denied.
[THE COURT]: Yeah, right. But that fully — preserved it for appellate purposes.
[COUNSEL FOR WALKER]: Thank you.
[THE COURT]: Right. Do you want to qualify Mr. Walker on the—
[COUNSEL FOR WALKER]: Yes, Your Honor.
[THE COURT]: — on the not guilty agreed statement of facts.
[COUNSEL FOR WALKER]: Mr. Walker, as the State has just informed the Court, it is your desire today to proceed on a not guilty statement of facts. Is that correct?
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Okay. And you understand that when proceeding on a not guilty statement of facts you are proceeding as if you in fact went to trial and you were convicted of the crime charged? In this case, that crime is possession of a forged or privileged document. Do you understand?
[WALKER]: Privileged document, okay.
[COUNSEL FOR WALKER]: And do you understand that the difference between proceeding on a guilty plea and a not guilty statement of facts is that in this situation you are, as I informed the Court, and your understanding is that you are preserving your automatic right to appeal. Do you understand that?
[WALKER]: Correct.
[COUNSEL FOR WALKER]: Okay. Can you please state your full name for the record?
[373]*373[WALKER]: Kevin Dwight Walker.
[COUNSEL FOR WALKER]: Okay. How old are you?
[WALKER]: Forty-nine.
[COUNSEL FOR WALKER]: Okay. How far did you go in school?
[WALKER]: Fifteen years.
[COUNSEL FOR WALKER]: Okay. Do you read and [write] the English language?
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Okay, and do you understand everything that is happening here today?
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Okay. Have you taken any drugs, medicine or pills—
[WALKER]: No.
[COUNSEL FOR WALKER]: — within the last 24 hours?
[WALKER]: No.
[COUNSEL FOR WALKER]: Mr. Walker will you let me finish my questions first? Are you presently under the influence of drugs or alcohol?
[WALKER]: No.
[COUNSEL FOR WALKER]: Okay. Have you received a written copy of the charges in this case?
[WALKER]: And that would be this what I got—
[COUNSEL FOR WALKER]: Okay, we refer to it as the charging documents, statement of charges in this case—
[WALKER]: Yes.
[COUNSEL FOR WALKER]: — as this case originated in District Court.
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Have you had an adequate opportunity to discuss the charges with me as your attorney?
[WALKER]: Yes.
[374]*374[COUNSEL FOR WALKER]: Okay. Do you fully understand the charges against you?
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Do you understand that you are charged with possession, among other things, possession of a privileged or forged document?
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Okay. Have you had an adequate opportunity to discuss essentially the plea agreement that we have just detailed to [the judge] here today with me? Have you had an adequate opportunity?
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Okay. Has anyone made any promises to you other than what has been now placed on the .record to get you to enter or proceed in this manner?
[WALKER]: No.
[COUNSEL FOR WALKER]: Okay. Do you understand that the maximum penalty for this offense is three years?
[WALKER]: Yes.
[COUNSEL FOR WALKER]: Okay. Now, do you understand that when you proceed in this way you are giving up or waiving your right to trial? Do you understand that?
[WALKER]: No, I didn’t—
[COUNSEL FOR WALKER]: Do you understand that there will be no trial in this situation?

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Bluebook (online)
958 A.2d 915, 406 Md. 369, 2008 Md. LEXIS 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-state-md-2008.