Bennett v. Warden of Md. House of Correction

Decision Date13 October 1960
Docket NumberNo. 7,7
Citation164 A.2d 285,223 Md. 664
PartiesCarlton BENNETT, Jr. v. WARDEN OF THE MARYLAND HOUSE OF CORRECTION. Application
CourtMaryland Court of Appeals

Before BRUNE, C. J., HENDERSON, HAMMOND, PRESCOTT, and HORNEY, JJ.

HAMMOND, Judge.

On April 1, 1958, petitioner entered a plea of guilty to two charges of aiding and abetting in the commission of two armed robberies at different locations in Worcester County, Maryland. He plead guilty and was sentenced to be confined in the Maryland Penitentiary for terms of 20 and 10 years; said terms to run concurrently. His petition for relief under the Post Conviction Procedure Act, Code Supp.1959, art. 27, § 645A et seq., was denied by Judge Child after a hearing wherein petitioner was allowed to testify.

The trial court properly refused to reconsider the guilt or innocence of the accused. See Dorris v. Warden, 22 Md. 586, 158 A.2d 105; Slack v. Warden, 222 Md. 626, 629, 160 A.2d 924. The Post Conviction Procedure Act is not a substitute for a direct remedy on appeal or a new trial. Banks v. Warden, 220 Md. 652, 654, 151 A.2d 897. And, a plea of guilty which is freely made is a conviction of the highest order. Roberts v. Warden, 221 Md. 576, 580, 155 A.2d 891.

The main contention of the petitioner is that he was not properly represented by his court-appointed counsel who misled him into pleading guilty on the representation that he would receive a more lenient sentence if he did so (actually he received a shorter sentence than his confederate). The court below took petitioner's testimony and that of his counsel at the original trial on this matter and found against petitioner on the facts, concluding that the representation had been fully adequate. There is no claim that the guilty plea was induced by action or promise of any official of the State as in Warrington v. Warden, 222 Md. 601, 159 A.2d 360.

The other contentions raised by petitioner in this application were not presented to the trial court and therefore are not properly before us and will not be considered. Player v. Warden, 222 Md. 619, 621, 159 A.2d 852; Whitley v. Warden, 222 Md. 608, 612, 158 A.2d 905; Byrd v. Warden, 222 Md. 577, 578, 158 A.2d 120.

Application denied.

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6 cases
  • Kelly v. Warden, Maryland Penitentiary
    • United States
    • U.S. District Court — District of Maryland
    • June 11, 1964
    ...is an admission of guilt and a waiver of all non-jurisdictional defects. Bloombaum v. United States, 4 Cir., 211 F.2d 944; Bennett v. Warden, 223 Md. 664, 164 A.2d 285. The State Court in the first PCPA proceeding, without taking any testimony, held that the claim of illegal arrest, illegal......
  • Gans v. Warden of Md. Penitentiary, 11
    • United States
    • Maryland Court of Appeals
    • January 6, 1964
    ...not felonies. Neither of the last two contentions is properly before us, since neither was raised in the trial court. Bennett v. Warden, 223 Md. 664, 164 A.2d 285; Chislom v. Warden, 223 Md. 681, 164 A.2d 912; Ralph v. Warden, 230 Md. 616, 619, 185 A.2d 366, cert. denied 369 U.S. 813, 82 S.......
  • Thomas v. Warden, Maryland Penitentiary, Civ. A. No. 14570.
    • United States
    • U.S. District Court — District of Maryland
    • December 22, 1964
    ...States, 337 F.2d 699, 701. A plea of guilty voluntarily and knowingly made is a conviction of the highest order. Bennett v. Warden, 223 Md. 664, 164 A.2d 285 (1960). It obviates the necessity of proving the offense charged. See Cason v. Director of Patuxent, 236 Md. 344, 203 A.2d 905, decid......
  • Campbell v. Warden, Md. House of Correction
    • United States
    • Maryland Court of Appeals
    • December 20, 1965
    ...cited. In Cason we said: 'Since a plea of guilty voluntarily and knowingly made is a conviction of the highest order, Bennett v. Warden, 223 Md. 664, 164 A.2d 285 (1960), and obviates the necessity of proving the offense charged, Moyer v. State, 225 Md. 156, 169 A.2d 409 (1961), the content......
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