Warren v. State

377 A.2d 1169, 281 Md. 179, 1977 Md. LEXIS 586
CourtCourt of Appeals of Maryland
DecidedOctober 6, 1977
Docket[No. 156, September Term, 1976.]
StatusPublished
Cited by39 cases

This text of 377 A.2d 1169 (Warren 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
Warren v. State, 377 A.2d 1169, 281 Md. 179, 1977 Md. LEXIS 586 (Md. 1977).

Opinions

Levine, J.,

delivered the opinion of the Court. Eldridge, J., dissents and filed a dissenting opinion at page 189 infra.

The sole issue presented in this case is whether an order for probation without judgment, entered pursuant to Maryland Code (1957,1976 Repl. Vol.) Art. 27, § 292 (b), is a disposition from which an appeal may be taken by the defendant. The Circuit Court for Worcester County (Prettyman, J.) held that such an appeal would not lie. We [181]*181then granted certiorari and for reasons that follow, we affirm.

Appellants, Bob Joe Warren and Michael T. Doyle, were tried in the District Court of Maryland, Worcester County, on charges of petty larceny and possession of marihuana. The court found them not guilty of larceny, but guilty of possession. Pursuant to § 292 (b),1 which provides that the court “may, with the consent of [the defendant] stay the entering of the judgment of guilt, defer further proceedings, [182]*182and place [the defendant] on probation,” the District Court withheld the entry of judgment and signed identical orders placing each appellant on supervised probation for one year. Both appellants consented in writing to the entry of the orders, but then noted a timely appeal to the circuit court. The State promptly moved to dismiss the appeal on the ground that “a probation before sentence verdict, voluntarily consented to, results in no conviction or judgment and that no appeal will lie.” In dismissing the appeal, the court apparently took the view that a sentence must be imposed if a disposition is to constitute an appealable “final judgment.” In the view which we take of this case, it is unnecessary to rest our decision on this ground.

(1)

Our analysis begins with the observation that appellate jurisdiction in both civil and criminal causes is dependent upon a statutory grant of power. Lohss and Sprenkle v. State, 272 Md. 113, 116, 321 A. 2d 534 (1974). The provision with which we are concerned here is Code (1974, 1976 Cum. Supp.), § 12-401 (a) of the Courts and Judicial Proceedings Article, which governs appeals from the District Court and provides:

“A party in a civil case or the defendant in a criminal case may appeal from a final judgment entered in the District Court.... In a criminal case, the defendant may appeal even though imposition or execution of sentence has been suspended.”

The issue, then, is whether an order for probation without entry of judgment is a “final judgment” within the contemplation of the statute.

At the outset, we note that § 12-101 (f) of the Courts and Judicial Proceedings Article defines “final judgment” to mean:

“... a judgment, decree, sentence, order, determination, decision, or other action by a court, [183]*183including an orphans’ court, from which an appeal, application for leave to appeal, or petition for certiorari may be taken.”

This section, however, does not attempt to specify what is an appealable final judgment or order, and leaves that determination to the case law. Wright v. Nugent, 23 Md. App. 337, 356, 328 A. 2d 362 (1974), aff'd per curiam, 275 Md. 290, 338 A. 2d 898 (1975).

From our prior decisions, it is evident that the rule in Maryland has traditionally prohibited piecemeal disposition of litigation and, subject to exceptions not relevant here, has permitted appeals only from final judgments. As early as 1835, this Court referred to the “well established rule” that no appeal can be prosecuted “until a decision has been had in the Court below, which is so far final, as to settle, and conclude the rights of the party involved in the action, or denying to the party the means of further prosecuting or defending the suit.” Boteler & Belt v. State, 7 G. & J. 109, 112-13 (1835); accord, United States Fire Ins. v. Schwartz, 280 Md. 518, 521, 374 A. 2d 896 (1977); In re Buckler Trusts, 144 Md. 424, 427, 125 A. 177 (1924). Otherwise stated, to be final a judgment must actually settle the rights of the parties, Collins v. Cambridge Hospital, 158 Md. 112, 116, 148 A. 114 (1930), or it must finally settle some disputed right or interest of the parties, Harlan v. Lee, 177 Md. 437, 439, 9 A. 2d 839 (1939).

In addition to arguing that they met these standards, appellants draw upon a test enunciated for the Supreme Court by Mr. Justice Black in Korematsu v. United States, 319 U. S. 432, 435, 63 S. Ct. 1124, 87 L. Ed. 1497 (1943). There, the Court stated that a judgment is final when it terminates the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined. Applying this test, the Court held that an order of the District Court suspending the imposition of sentence and placing the defendant on probation after he had been found guilty was an appealable final judgment.

Appellants contend that here the orders of the District Court constituted final judgments within the traditional [184]*184meaning of. the rule. Thus, they had a full trial on the merits in the District Court, in which they presented and exhausted all of their defenses, and then they were found guilty. Consequently, their right to be free from a finding of guilt has been finally settled. Nor, they argue, will an appeal afford them an opportunity to delay the trial by protracting the litigation. In their view, all that remains to be done is to enforce the probation order, for should the court ever determine that they violated probation, its entry of judgment at that time will be a mere formality.

To support their contention, appellants also rely heavily on an English case, Oaten v. Auty, [1919] 2 K. B. 278, which we discussed in Skinker v. State, 239 Md. 234, 239 n.2, 210 A. 2d 716 (1965). There the defendant failed to appear for military service, apparently under claim of exemption as a minister of a religious denomination. The trial court was of the opinion that the offense was proved, but believed it inexpedient to inflict any punishment, and therefore dismissed the information. On appeal, five justices, each writing separately, believed the lower court’s action to have been an appealable “determination” within the meaning of the applicable statute. The logic which seemed to persuade the justices to hold the determination appealable was perhaps best expressed by Justice Darling:

“If this appellant cannot appeal a grave injustice might be done. ... As far as we know he is a man of high character and position in [the Spiritualists], and it is found against him that he is a man who will not do his duty by his country. . .. [I]t is said [the trial justices] have taken a course which prevents the appellant appealing and getting rid of the stigma put upon him. If the stigma has been unjustly put upon him it is not surprising that he desires to come here to get the finding altered . ...” 2K. B. at 282-83.

Thus, appellants argue here that a grave injustice may be done if they cannot appeal at this time, since their only remaining option to secure review would be to violate [185]*185probation in the expectation that the court would enter judgment and impose sentence, thereby ensuring finality.

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Bluebook (online)
377 A.2d 1169, 281 Md. 179, 1977 Md. LEXIS 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-state-md-1977.