Williams v. State

57 A.3d 508, 208 Md. App. 622, 2012 Md. App. LEXIS 147
CourtCourt of Special Appeals of Maryland
DecidedDecember 19, 2012
DocketNo. 644
StatusPublished
Cited by5 cases

This text of 57 A.3d 508 (Williams 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
Williams v. State, 57 A.3d 508, 208 Md. App. 622, 2012 Md. App. LEXIS 147 (Md. Ct. App. 2012).

Opinion

EYLER, DEBORAH S., J.

A jury in the Circuit Court for Harford County convicted Melvin D. Williams, the appellant, of possession of cocaine and [626]*626resisting arrest. He was sentenced as a subsequent offender to a term of incarceration of eight years, all but four years suspended, for the possession of cocaine conviction and a consecutive term of incarceration of two years, all but one year suspended, for resisting arrest. On appeal, he poses two questions for consideration, which we have rephrased:

I. Did the circuit court commit reversible error by failing to comply with Maryland Rule 4—215(e)?
II. Was the evidence legally sufficient to convict the appellant of resisting arrest?

For the following reasons, we shall affirm the judgments of the circuit court.

FACTS AND PROCEEDINGS

In the late evening of September 15, 2008, Harford County Sheriffs Office Deputies Grant Krulock and Robert Schultz, who were on uniformed bike patrol, observed the appellant walking down the middle of the street in a high crime area with “his left hand down in his shorts.” The deputies mounted their bikes and approached the appellant, who still had his left hand in his pants. Deputy Krulock asked the appellant to stop, engaged him in conversation, and asked him to remove his hand from his pants. The appellant became agitated and argumentative. When he finally removed his hand from his pants, he turned away from the deputies. As the appellant brought his hand back down to his side, Deputy Krulock saw a small clear plastic bag fall from the appellant’s hand to the ground.

Deputy Krulock ordered the appellant to put his hands behind his back. At first, the appellant complied, but when the deputy touched his arm, he ran. Deputy Krulock yelled for the appellant to stop, but the appellant kept running. Deputy Schultz deployed his taser at the appellant, but did not hit him. The deputies chased the appellant on foot around a residence and back out to the street, where a bystander tackled him and held him down. The appellant continued to [627]*627struggle to get away, however. Multiple times Deputy Krulock ordered the appellant to “get down on the ground,” but the appellant continued to resist. Even though Deputy Krulock warned the appellant that if he did not comply with the deputies’ directions, he would be tased, the appellant continued to try to get away from the citizen who was holding him. Deputy Krulock then tased the appellant and placed him in handcuffs.

In a search incident to arrest, Deputy Krulock recovered from the appellant’s wallet a plastic bag containing a small yellowish piece of rock, later determined to be cocaine.

Deputy Krulock contacted Deputy Chad Layton, also of the Harford County Sheriffs Office, to transport the appellant to the station house in a patrol vehicle. Deputy Layton searched the back seat of his vehicle before placing the appellant there. The appellant’s hands still were cuffed behind his back. The drive to the station house took two minutes. Deputies Krulock and Schultz returned to the station house on their bikes.

When Deputies Krulock and Schultz arrived at the station house, the appellant still was in the back seat of Deputy Layton’s patrol car. Deputy Layton removed the appellant from his vehicle and transferred him back into Deputy Krulock’s custody. Deputy Layton then searched the back seat of his patrol car and found a plastic bag containing several individually bagged small white rocks and a green plant-like substance; the items later were confirmed to be cocaine and marijuana, respectively. There was fecal material on the outside of the recovered package. Deputy Layton gave the package he had found in the back seat of his patrol car to Deputy Krulock, who itemized the evidence, submitted it for analysis, and prepared a report of the arrest. Deputy Krulock then transported the appellant to the Harford County Detention Center.

All the above was adduced as evidence during the State’s case at the appellant’s jury trial.

The appellant testified on his own behalf. He stated that at the relevant time he was a resident at a recovery house that treats people with mental health and substance abuse prob[628]*628lems. On the day of the incident, he had a pass to visit family and friends at his uncle’s house in Edgewood. He went to his uncle’s house, but he left when he was offered drugs. He then walked in the street, where “those bags ... are probably everywhere.” He saw a bag and picked it up, hoping it contained drugs he could use to get high. He put the bag in his pocket.

According to the appellant, as he walked by the deputies, they started following him and asked him his name. At that point, he pulled the bag out of his pocket and dropped it on the ground. He claimed to have panicked because he felt too confined and wanted to get back into an open area, “like the middle of the street,” and so he ran. As he was getting to the middle of the street and preparing to give up, he was tackled by a bystander. He gave up, was arrested and handcuffed, and was placed in the back of a patrol car. He denied that he had any other drugs on him when he was placed in the back of the patrol car and testified that he did not leave anything in the vehicle.

Even though the appellant was arrested on September 15, 2008, his trial did not take place until May 4 and May 5, 2011. The lengthy delay was attributable primarily to assessing the appellant’s competency to stand trial. As noted, the appellant was found guilty of the offenses of possession of cocaine and resisting arrest.1

Additional facts will be provided as necessary to our discussion.

DISCUSSION

I.

Request To Discharge Counsel

At all times in this case, the appellant was represented by John Janowich, Esquire, of the Office of the Public Defender. [629]*629On January 27, 2010, the appellant wrote a letter to the court, which was received and filed on January 29, 2010. The letter, without any grammatical or stylistic changes, states:

My name is Melvin Williams JR Im writting to request New representation From the Public defender’s office. Pending me being able to afford an attorney. MR John Janowich has truly No interest on my behalf, in trying to help me on my case. I truly feel Im being mis-represented. May U please remove him from my case. I’ll be truly appreciated.
Sincerely Melvin Williams

The appellant sent a copy of the letter to Mr. Janowich. A written notation on the letter indicates that copies of the letter were sent by court personnel to the State’s Attorney’s Office and the Office of the Public Defender.

The circuit court did not address the contents of the appellant’s letter at any pretrial proceeding or at trial, or in any way. The appellant contends the circuit court violated Rule 4-215(e) by failing to address his January 27, 2010 pro se written request to obtain “new representation from the Public defender’s office.” He suggests that the circuit court became obligated to address his request to discharge counsel and obtain new counsel upon receipt of the letter, on January 29, 2010. The appellant acknowledges that there were several proceedings before the court between January 29, 2010, and the May 4-5, 2011 trial, and that he neither asked the court for permission to discharge Mr.

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Related

Williams v. State
79 A.3d 931 (Court of Appeals of Maryland, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
57 A.3d 508, 208 Md. App. 622, 2012 Md. App. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-mdctspecapp-2012.