Church v. State
Decision Date | 16 January 1969 |
Docket Number | No. 141,141 |
Citation | 248 A.2d 907,5 Md.App. 642 |
Parties | Clifton CHURCH a/k/a Bernard Holland v. STATE of Maryland. |
Court | Court of Special Appeals of Maryland |
John D. Hackett, Baltimore, for appellant.
Donald Needle, Asst. Atty. Gen., with whom were Francis B. Burch, Atty. Gen., Charles E. Moylan, Jr., and Robert S. Fertitta, State's Atty. and Asst. State's Atty. for Baltimore City, Baltimore, on the brief, for appellee.
Before MURPHY, C. J., and ANDERSON, MORTON, ORTH and THOMPSON, JJ.
Clifton Church, the appellant, was convicted of armed robbery by the Criminal Court of Baltimore, Judge E. McMaster Duer presiding. He was sentenced to a term of twenty years. On appeal he alleges that his guilty plea was not knowingly made and that the sentence was cruel and excessive.
The statement of facts by the prosecutor showed that Church and another, both armed with pistols, entered the Colony Credit Corporation office in Baltimore, demanded money from two employees therein and stole more than $2300 in cash. He could have been identified by both employees. The circumstances surrounding the entry of the guilty plea are detailed in the record as follows:
Church seems to concede that his plea of guilty under the circumstances set out above would comply with the standards set down by the Court of Appeals in the case of James v. State, 242 Md. 424, 219 A.2d 17 and followed by this Court in Duvall v. State, 5 Md.App. 484, 248 A.2d 401, and in other cases such as Wayne v. State, 4 Md.App. 424, 429-30, 243 A.2d 19; but he alleges that this Court should lay down detailed standards as to the questions that should be asked by the trial judge as was done by the Michigan Court of Appeals in State v. Taylor, 9 Mich.App. 333, 155 N.W.2d 723 (1968) or as proposed by the American Bar Association project on minimum standards for criminal justice in its tentative draft on Pleas of Guilty or at least as required by Rule No. 11 of the Federal Rules of Criminal Procedure as amended. We think that an accused's rights are adequately protected by the rule we have followed which, while requiring no specific ritual, does require the record show that the trial judge has satisfied himself of the voluntary character of the guilty plea and that the accused understand its nature and effect. If experience should dictate that an accused's rights should be further protected we think those standards should be established by statute or by rule of court so that trial judges would know in advance precisely what was required of them. Church, age thirty, does contend, however, that since the record shows that he went only to the seventh grade in vocational school he could not thoroughly...
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