Hill v. State

• Decision Date: 29 September 2000
• Docket Number: No. 1023,1023
• Citation: 759 A.2d 1164,134 Md. App. 327
• Parties: Stephen HILL v. STATE of Maryland.
• Court: Court of Special Appeals of Maryland

759 A.2d 1164

134 Md. App. 327

Stephen HILL v. STATE of Maryland.

No. 1023, Sept. Term, 1999.

Court of Special Appeals of Maryland.

September 29, 2000.

Victoria Lansburgh, Asst. Public Defender, (Stephen E. Harris, Public Defender on the brief), Baltimore, for appellant.

Celia Anderson Davis, Asst. Atty., General (J. Joseph Curran, Jr., Atty. General, Baltimore and Jack Johnson, State's Atty., for Prince George's County of Upper Marlboro, on the brief), for appellee.

Submitted before SALMON, BYRNES, and PAUL E. ALPERT (Ret'd, Specially Assigned), JJ. BYRNES, Judge.

Appellant, Stephen Hill, was charged with first and second degree assault, use of a handgun in commission of a crime of violence, and carrying a handgun. A jury sitting in the Circuit Court for Prince George's County found him guilty of second degree assault. Appellant was sentenced to five years incarceration with all but two years suspended. This sentence was later reduced to eighteen months, to be served on home detention.

On review, appellant presents the following questions, which we have rephrased slightly:

I. Did the motion court err in failing to suppress the items seized from appellant's home?

II. Did the trial court abuse its discretion in denying appellant's motion for mistrial?

III. Did the trial court abuse its discretion in admitting "other crimes" evidence?

IV. Was the evidence sufficient to sustain appellant's conviction?

For the reasons that follow, we shall affirm the judgments.

FACTS AND PROCEEDINGS

On September 4, 1998, appellant purchased a 9 millimeter handgun from the Sports Authority, a store located in Greenbelt. Approximately five weeks later, appellant used a gun in an attempt to force his mathematics instructor at the University of Maryland into giving him an "A" for the course.

Alvaro Alvarez-Parrilla (Alvarez), appellant's instructor, shared an office in the Mathematics Building at the University of Maryland with Casey Cremins. At trial, Cremins testified that on October 12, 1998, at approximately 12:00 p.m., he and Alvarez were in their office when appellant knocked on the door, entered, and asked Cremins if he would excuse them. Alvarez began to protest, but Cremins stated that he had to leave anyway and then departed.

Cremins returned to the office approximately fifteen minutes later and found the door closed. He knocked and, hearing no reply, opened the door. Appellant and Alvarez were still in the office. Cremins asked if they needed more time. Both men indicated that they did. Cremins again left the office. He returned approximately one-half hour later, and found the office empty.

Alvarez testified that at the time of the incident he was a graduate student and teaching assistant at the University. Appellant was a student in one of his mathematics classes. Alvarez stated that on Wednesday, October 7, 1998, he gave a midterm examination, which appellant missed. That Friday, following the class in which Alvarez returned the exams, appellant approached Alvarez and stated that he had missed the midterm examination and that he needed to talk to him. Alvarez told appellant to go ahead and tell him about it, but appellant responded that he wanted to speak with Alvarez at a later time. Alvarez told appellant that he could come to his office on the following Monday, October 12.

On October 12, at approximately 12:15 p.m., appellant came to Alvarez's office. Alvarez testified that his office mate, Cremins, also was present and that appellant asked Cremins to step outside. Alvarez stated that he did not think that it was proper for appellant to ask Cremins to leave his own office. For that reason, he told appellant that if they needed to discuss a personal matter, they would go elsewhere. Cremins then stated that he would leave the office.

Alvarez offered appellant a seat and asked him what the problem was. According to Alvarez, appellant stated that he did not want Alvarez "to be upset or surprised[,]" but that either Alvarez was going to give him an "A" in the course or appellant would kill him. As appellant spoke, he raised his jacket to reveal a pistol hanging in a holster. Appellant then let the jacket drop. Alvarez testified, "I feared for my life immediately." Appellant repeated that Alvarez would give him an "A" for the class or he would kill Alvarez. Appellant also stated that if Alvarez went to the police or to anyone else, appellant would dismember him and dump his remains in the river. Alvarez testified that appellant "went on and on about the details of how he would get rid of my body."

At first, Alvarez responded by telling appellant that he could not give him a specified grade in the course because he was only a teaching assistant and others also were responsible for grading the course work. Alvarez explained that he was trying to distance himself, in appellant's mind, from the responsibility for grading the course because he was in fear for his life. Appellant asked Alvarez, "[S]o what is it that you want more, do you want your life or do you want to give me an A in the course?" When Alvarez inquired why appellant was doing this, appellant responded, "[T]his is the way we mobsters operate." Alvarez testified that appellant also stated that "he had decided to not do the course work and just take the easy way out and try to get his A through threatening me."

Alvarez testified that, at one point, Cremins returned to the office and Alvarez indicated to him that they were still busy. Alvarez explained that he did so because he was concerned for everyone's safety. He then decided that the best approach would be to accede to appellant's demands. He told appellant to take the examinations for the course, and that he later would change the grades to give him an A. Appellant agreed to that approach and then left the office.

Alvarez testified that he was afraid to call the police right away because he did not know if appellant was waiting outside his door. Alvarez waited a while and then gathered up his books as if he were going to class. Instead, he went to see Dr. Scott Wolpert, the undergraduate chairman. When Alvarez told Wolpert that a student had threatened him with a gun, Wolpert called the police.

The University of Maryland Police arrested appellant on October 14, 1998, as he drove toward the campus. In a search incident to the arrest, the police recovered ten rounds of 9 millimeter ammunition from appellant's front pants pocket. Appellant told the officers that he also had a weapon in the vehicle. From the front passenger seat, the police recovered a gym bag, which contained a gun box. A 9 millimeter semi-automatic pistol was in the gun box. The pistol contained a fully loaded magazine. Three spare magazines, also fully loaded, were in the gun box.

On the same date, a search warrant was executed at appellant's residence. Among the items seized from appellant's bedroom were ammunition for a 9 millimeter handgun and a holster.

Appellant testified in his own defense. He stated that he had asked to meet with Alvarez to discuss the examination that he had missed and that they agreed to meet in Alvarez's office on Monday, October 12. Appellant went to Alvarez's office at the appointed time and found Alvarez and Cremins there. Appellant testified that he asked if he could speak with Alvarez in private. Alvarez responded that the request was not appropriate, because the office belonged to Cremins as well. Cremins left the office anyhow, and appellant sat down.

According to appellant, Alvarez engaged him in small talk. Appellant then mentioned that he had missed the previous examination and said that he did not have a documented excuse. He asked Alvarez whether there was any way he could receive extra credit or make up the exam. Alvarez replied by saying that he wanted oral sex in exchange for the extra credit. Appellant told Alvarez that he was "straight" and that he had "no interest in that type of behavior." Alvarez then told him that he would fail the course, to which appellant replied, "I own a nine millimeter and if you try that I will shoot you." Appellant also told Alvarez that he was going to withdraw from the course. He then left the office. Appellant stated that he did not report what Alvarez had said to him because he was embarrassed about it.

DISCUSSION

I.

Appellant contends that the motion court erred in denying his motion to suppress the evidence seized from his residence because the University of Maryland Police lacked authority to search his home and the court failed to make adequate findings in support of its ruling. We will address each of appellant's contentions and set forth his arguments in further detail. We begin, however, by recounting the testimony taken at the hearing on appellant's motion.

Standard of Review

In reviewing the denial of a motion to suppress, we consider only the record of the suppression hearing and not of the trial itself. Trusty v. State, 308 Md. 658, 670, 521 A.2d 749 (1987) (citing Jackson v. State, 52 Md.App. 327, 332 n. 5, 449 A.2d 438, cert. denied, 294 Md. 652 (1982)); Aiken v. State, 101 Md.App. 557, 563, 647 A.2d 1229 (1994), cert. denied, 337 Md. 89, 651 A.2d 854 (1995). We extend great deference to the fact finding of the suppression court and accept the facts as found, unless clearly erroneous. Riddick v. State, 319 Md. 180, 183, 571 A.2d 1239 (1990); Perkins v. State, 83 Md.App. 341, 346-47, 574 A.2d 356 (1990). We must give due regard to the court's "opportunity to assess the credibility of the witnesses." McMillian v. State, 325 Md. 272, 282, 600 A.2d 430 (1992). In addition, we review the evidence in the light most favorable to the prevailing party, the State. Riddick, 319 Md. at 183, 571 A.2d 1239; Cherry v. State, 86 Md.App. 234, 237, 586 A.2d 70 (1991). Nevertheless, as to the ultimate, conclusory fact of whether the search was valid, this Court must make its own independent constitutional appraisal by reviewing the law and...