Ford v. State

• Decision Date: 01 September 1992
• Docket Number: No. 59,59
• Citation: 625 A.2d 984,330 Md. 682
• Parties: Maurice Edward FORD v. STATE of Maryland. ,
• Court: Maryland Court of Appeals

Page 682

330 Md. 682

625 A.2d 984

Maurice Edward FORD v. STATE of Maryland.

No. 59, Sept. Term, 1992.

Court of Appeals of Maryland.

June 10, 1993.

John L. Kopolow, Asst. Public Defender (Stephen E. Harris, Public Defender, both on brief), Baltimore, for petitioner.

Thomas K. Clancy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

CHASANOW, Judge.

In the early morning hours of May 27, 1990, petitioner, Maurice Edward Ford, and three other youths stood on or next to the Capital Beltway and hurled large landscaping rocks at vehicles travelling on the Beltway. A number of people in the vehicles were injured and significant damage was done to many vehicles. Ford was apprehended on June 2, 1990, and a ninety count indictment ultimately charged him with assault with intent to murder (eight counts), assault with intent to maim (one count), assault with intent to disable (twenty-eight counts), assault and battery (twenty-nine counts), and malicious destruction of property (twenty-four counts). A Prince George's County Circuit Court jury found Ford guilty of one count of assault with intent to maim, eleven counts of assault with intent to disable, seventeen counts of assault and battery, six counts of assault, fourteen counts of malicious destruction of property which the jury found to have value of $300 or more, and three counts of malicious destruction of property of value less than $300. The circuit court, Missouri, J., imposed sentences totalling thirty-nine years with additional prison terms suspended in favor of five years probation to commence upon Ford's release.

Ford appealed to the Court of Special Appeals, which reversed and remanded for resentencing on two of the malicious destruction of property counts worth less than $300, but otherwise affirmed all of the convictions. ¹ Ford v. State, 90 Md.App. 673, 603 A.2d 883 (1992). Upon his petition to this Court, we granted certiorari to consider issues relating to his remaining convictions. We find no error and affirm Ford's convictions.

I. Facts

We adopt the facts as set forth in the opinion of the Court of Special Appeals:

"In the early morning hours between 2:00 and 3:00 a.m. of May 27, 1990, John Burgess, Donnell Petite, and Ford threw rocks at a number of vehicles driving south on the Capital Beltway and at least one vehicle which was traveling north on the Beltway. Most of the vehicles that were hit pulled over to the side of the road. Witnesses estimated that anywhere from 15 to 40 vehicles were struck and then stopped. Patricia Jones's car was the first to stop and Jones estimated that the rock throwing continued from 30 to 45 minutes after she stopped.

"Ford confessed to being one of the rock throwers. He admitted that he and the others gathered rocks from underneath a bridge and then brought the rocks to the Beltway; other rocks were found on the side of the road. After throwing the rocks, the youths retrieved some of them from the Beltway so they could throw them again. Ford admitted that about 15 cars were struck. His explanation for his actions was that he was drunk; he maintained that he and his cohorts were not trying to hurt anyone.

"After the rock throwing incident, 15 to 20 large rocks were observed in the southbound lanes and five to 10 rocks on the northbound side. The rocks had been used to landscape the underpass of the Beltway at Livingston Road.

"Several witnesses stated that the rock throwers worked in concert. Byron Jeffrey's car was hit by two rocks. After passing the rock throwers, he observed in his rearview mirror three figures who continued to throw rocks. Gregory Roddy observed three men waving their arms; he slowed down and one threw a rock, hitting his windshield. Blease Garner observed three men walking south. He observed one man throw a rock at another car. As Garner's car approached, another turned around and threw a rock at Garner's car. Garner stopped, got out of his car, and gave chase. The three men "started laughing" and ran into the woods.

"Others saw only one man. For example, Robert Tillery was driving south when he saw a black male enter the highway from the median strip. Believing that the man was attempting to cross the road, Tillery changed lanes. Tillery related that the man took two steps and then threw a rock through his windshield. Jeanette George observed someone flagging her down. As she slowed, the man threw a rock through the windshield of her car.

"The episode resulted in many personal injuries and extensive property damage. The most severely injured person was Destiny Morris, whose skull was fractured when she was struck in the head by a rock. The surgeon who tended to Morris shortly after the incident testified that Morris would have died if she had not received immediate medical attention. As a result of her injuries, Morris is expected to function permanently on a third or fourth grade level. Morris was riding in James Palmer's truck when three men stepped onto the side of the highway and each threw a rock. All three rocks went through the windshield. One struck Morris in the head. John Miller, another passenger in Palmer's truck, received scratches from the breaking glass. The fourth passenger, Leanne Ekberg, received "little scrapes." Palmer's truck suffered damages totaling $4,000.

"At trial, the witnesses testified to the results of the rock throwing incident. The windshield of Robert Tillery's car was broken, causing $500 [in] damages. Elmer Moody's car, driven by Gloria Scott, also received a broken windshield. Kelley Moody, who was a passenger in the car, suffered a broken jaw and lost the hearing in her right ear.

"Byron Jeffrey's car window was broken by a rock that hit passenger LaShonda Thompson, breaking her arm in three places. Damage to Jeffrey's car totaled $1,300. Jeffrey Baker's van was dented by a thrown rock, causing $680 in damages. The windshield of Julee Robinson's car was hit by a rock, resulting in damages amounting to $400.

"Jeanette George was driving Rodney Marbury's car, which sustained a broken windshield and damages totaling from $1,200 to $1,400. Glass entered George's eye and cut her hand. Marbury was hit by a rock and lost consciousness. He was blinded in his right eye and suffered a broken wrist.

"Nora Quintana received scratches on her face and hands when the windshield in David Powell's car exploded. Powell's shoulder was injured. Powell was unable to provide the total amount of damage to his car as the repairs were paid for by the insurance company, with the exception of a $500 deductible. Carolyn Smith Bryant received cuts on her hands and face and glass in her mouth when a rock hit a window of her car. Damages to Bryant's vehicle totaled over $1,000. Esther Humphrey's car, which sustained $1,100 in damages, was also hit by a rock. Michelle Bazilio, a passenger in Humphrey's car, had her hand cut by flying glass.

"The windshield of Steve Harrison's car, driven by his sister Amanda, was broken. Damages to the car totaled $125. Robert Brannigan's car was hit in the left rear passenger window. Tonia Wilkins's car also received a large dent on the left rear side, causing $338 total damages. Blease Garner's car was struck on the top of the roof, causing the windshield to shatter, resulting in $835 of damages. Gregory Roddy's car was struck in the windshield, causing $3,200 in damages. Robert Senkel's van was hit in the windshield by a rock, resulting in damages of $1,600. Frank Bailey's car, driven by his son Reginald, had a broken windshield. Reginald's forehead was cut and glass blew into his mouth. The left rear wheel of Kim Buchant's car was struck, causing $730 in damages. Jose Torres's car was hit on the driver's door, causing between $200 and $400 in damages." (Footnote omitted).

Ford, 90 Md.App. at 677-80, 603 A.2d at 885-86.

Ford makes four principle assertions of error regarding his convictions. We address each in turn.

II. Malicious Destruction of Property

For the damage his rock-throwing caused to various vehicles, Ford was charged with twenty-four counts of "malicious destruction of an automobile" under Maryland Code (1957, 1992 Repl.Vol.), Article 27, § 111. ² Section 111 divides the crime of malicious destruction of property into two degrees of misdemeanor. At the time Ford was charged, the statute provided that the malicious destruction of property valued at less than $300 carried a penalty of up to a $500 fine or 60 days imprisonment or both; malicious destruction of property valued at $300 or greater carried a penalty of up to a $2,500 fine or three years imprisonment or both. ³ Ford's indictment did not specifically allege value on any of the twenty-four counts.

Ford contends that, by failing to specifically allege value of $300 or greater, the indictment charged only the lesser degree of the crime. Therefore, he contends that even though he did not object to submission of the greater crime to the jury, he could not be found guilty of fourteen counts of that greater crime. Ford relies on dictum in Spratt v. State, 315 Md. 680, 556 A.2d 667 (1989), in which we said that "if the State wishes to pursue the more serious offense, it must specifically charge and prove the value of the destroyed property, [$300 or greater]." Id. at 686, 556 A.2d at 669-70. This was dictum in Spratt because the defendant there was properly charged with the greater offense; rather, the issue in Spratt was the court's failure to instruct the jury that it must specifically find that the defendant destroyed property of $300 or more in value to convict on that charge. Nonetheless, we think Spratt correctly stated the law with respect to charging as well.

An apt analogy can be found in our construction of the consolidated theft statute, § 342. Section 342(f) divides theft into the felony of...