Angulo–gil v. State , 1204
| Citation | 198 Md.App. 124,16 A.3d 283 |
| Decision Date | 31 March 2011 |
| Docket Number | No. 1204,Sept. Term,2009.,1204 |
| Parties | Henry P. ANGULO–GILv.STATE of Maryland. |
| Court | Court of Special Appeals of Maryland |
OPINION TEXT STARTS HERE
Martha Gillespie (Paul B. DeWolfe, Public Defender, on the brief), Baltimore, MD, for appellant.Sarah Page Pritzlaff (Douglas F. Gansler, Atty. Gen., on the brief), Baltimore, MD, for appellee.Panel: EYLER, DEBORAH S., MEREDITH, ARRIE W. DAVIS (Retired, Specially Assigned), JJ.ARRIE W. DAVIS (Retired, Specially Assigned), J.
A grand jury in Prince George's County indicted Henry P. Angulo–Gil, appellant, for first-degree premeditated murder, use of a handgun in the commission of a crime of violence, conspiracy to commit robbery with a deadly weapon, carjacking and theft of property (an automobile) having a value greater than $500. On January 23, 2009, the circuit court held a hearing on appellant's motion to suppress statements made during custodial interrogation, and to sever the murder counts from the carjacking-related counts. The circuit court granted the motion to sever and ordered separate trials. The suppression motion was taken under advisement. On February 4, 2009, the circuit court denied the motion to suppress in a written opinion and order.
The first jury trial relating to the carjacking began on February 2, 2009. The circuit court granted appellant's motion for judgment of acquittal on the charge of carjacking, but denied the motion as to theft of an automobile. The jury found appellant guilty of theft of an automobile having a value of more than $500.
The second jury trial relating to the murder charges began on February 9, 2009 and concluded on February 12, 2009. The jury found appellant not guilty of first-degree murder, not guilty of second-degree murder, guilty of involuntary manslaughter, guilty of first-degree felony murder, guilty of second-degree felony murder and guilty of conspiracy to commit robbery with a deadly weapon.
On June 22, 2009, appellant was sentenced to life imprisonment without parole for first degree felony murder, a concurrent twenty-year term for conspiracy to commit robbery with a dangerous weapon, and a concurrent five-year term for theft. All other counts were merged for purposes of sentencing.
Appellant filed a timely appeal and raises three questions, which we quote:
1. Did the trial court err in denying the Appellant's motion to suppress his statement?
2. Did the trial court err in instructing the jurors that they could find the Appellant guilty of second-degree felony murder if they found that he committed a murder in the commission of or attempt to commit a robbery?
3. Was the evidence insufficient to sustain the theft conviction and to permit sentencing under the statutory provision applicable to felony theft?
We answer the first question in the affirmative and questions two and three in the negative and, accordingly, remand to the circuit court for further proceedings.
During the evening of April 14, 2007, Officer Michael Trader of the Prince George's County Police Department was on the lookout for a silver Ford Focus that had been stolen earlier that day. Another officer, Corporal Damiean Lee, issued a radio call that the vehicle had been spotted. In separate vehicles, Officer Trader and Corporal Lee caught up with the Ford Focus, pulled behind it and attempted to effectuate a stop. The Ford Focus tried to flee, but eventually was boxed in by several officers in police vehicles, who forced it to stop. Appellant was the driver of the Ford Focus at the time of the stop. He and another male were removed from the vehicle and arrested.
Detective Marcos Rodriguez of the Prince George's County Police Department assisted in the investigation because he spoke both English and Spanish. Detective Rodriguez testified as to his four-hour custodial interview of appellant, which took place in Spanish. Over appellant's objection, the circuit court admitted the transcript of the interview and the statement appellant made to Detective Rodriguez. In that statement, appellant admitted that, on April 14, 2007, he had taken a car from a gas station and that the owner had left the keys in the car.
Corporal Damiean Lee testified that he was the first officer on April 14, 2007, to spot the stolen Ford Focus. According to Corporal Lee, the Ford was eventually stopped by four to five police vehicles. At the time of the stop, appellant was “in the driver's seat and there was another Hispanic male in the passenger seat.”
The State's final witness was Misael Pena, who had previously entered a guilty plea to the incident involving the Ford Focus. Pena testified that he and appellant were walking by a gas station in Hyattsville on the day in question. According to Pena, they saw a black man leave his keys in his car while he went to pay for his gas. Appellant told Pena to get in the car and they took off with appellant behind the wheel. The owner chased them on foot for a short distance, but soon gave up. According to Pena, it was appellant's idea to take the car.
After the State rested, appellant moved for judgment of acquittal on both counts for which he was being tried: carjacking and theft over $500. The circuit court granted the motion as to carjacking, but denied the motion as to felony theft. Appellant elected not to testify. Appellant renewed his motion for judgment of acquittal at the close of all of the evidence. On the issue of value, the State argued that the undisputed evidence showed that the vehicle was an operable 2006 Ford Focus and that the crime occurred in April 2007. The court denied the motion, ruling that the jury could find from the facts in evidence that, because the car “was obviously in good operating condition,” it was worth over $500 at the time it was stolen. The jury convicted appellant of felony theft.
Appellant's murder trial began on February 9, 2009. The State's first witness was Detective Bernard Nelson of the Prince George's County Police Department. On April 14, 2007, Detective Nelson responded to a report of a shooting on New Hampshire Avenue. The victim had been transported to the Washington Hospital Center, where he was pronounced dead from one gunshot wound to the chest. Detective Nelson went to the hospital because, “upon moving [the victim] from the gurney, they found a projectile that apparently came, that was found in his clothing, dropped out of his clothing.” The bullet was admitted into evidence, without objection.
Detective Nelson then testified that a handgun was recovered from the Ford Focus, where it was located on the floorboard behind the driver's seat. Appellant was the driver of the vehicle in which the gun was located. The gun, a .38 caliber Rossi revolver, was operational and fully loaded. The gun was received into evidence without objection. Eleven live .38 caliber bullets were recovered from appellant's front pants pockets, during a search incident to arrest.
According to Detective Nelson, the results of the check of the license number of the vehicle from which appellant was apprehended revealed the owner to be Kenneth Thompson. The vehicle had been reported stolen earlier that day, shortly before the victim was shot. The shooting occurred “a couple of miles” from the gas station where the vehicle was taken and the vehicle was stopped by the police “four to five blocks” away from the gas station.
The parties stipulated that the victim, Carlos Eduardo Milian, died of a gunshot wound to the chest. The parties also stipulated that the bullet comparison test was inconclusive and that the DNA test results were not statistically significant. No latent prints were recovered from the Ford Focus. A latent print that was recovered from the handgun did not match either those of appellant or the other passenger in the vehicle, Pena.
The next witness for the State was Selvin Lima. Lima testified that, on April 14, 2007, he was waiting at a bus stop with the victim According to Lima, the smaller of the two men grabbed the chain and the taller man fired the shot that killed the victim. Lima identified the gun that was recovered from the Ford Focus as the gun that was used to shoot the victim.
Maynor Carcamo testified that he had been standing with his students across the street from the bus stop when he heard one of the students yell, “ gun, look out there.” Carcamo saw people arguing at the bus stop and saw “one grabbing another one.” He then heard a gun shot and saw two “Latino males” running from the scene. He testified that they got into a Ford Focus, from which Carcamo obtained three of the tag numbers.
As he did at the auto theft trial, Corporal Lee testified regarding the stop of appellant on April 14, 2007, while appellant was driving the Ford Focus. Similarly, Corporal Trader described the stop of the vehicle and arrest of appellant on April 14, 2007.
Misael Pena testified that he was with appellant on April 14, 2007, when they stole a car from a Texaco gas station. With appellant driving, they went into the District of Columbia to drink some beer, but then returned to Prince George's County. After eating in a restaurant on New Hampshire Avenue, Pena and appellant “came across three guys that were standing” at a bus stop. According to Pena, appellant told him to take the chain from one of these individuals, but, when the man resisted, appellant shot him. Pena identified the gun that was used by appellant. Pena testified that, after the shooting, he and appellant drove back to the District of Columbia in the Ford Focus and were later apprehended by the police as they were riding around in Prince George's County. On cross-examination, Pena acknowledged that the police dropped...
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