Lopez-Sanchez v. State

• Decision Date: 28 July 2005
• Docket Number: No. 43,43
• Citation: 879 A.2d 695,388 Md. 214
• Parties: Oscar Antonio LOPEZ-SANCHEZ v. STATE of Maryland and Deshawn C.
• Court: Maryland Court of Appeals

879 A.2d 695

388 Md. 214

Oscar Antonio LOPEZ-SANCHEZ v. STATE of Maryland and Deshawn C.

No. 43, September Term, 2004.

Court of Appeals of Maryland.

July 28, 2005.

Neil F. Quinter (McDermott Will & Emery LLP, Washington, DC, Russell P. Butler, Upper Marlboro, on brief), for petitioner/cross-respondent.

Julia Doyle Bernhardt, Asst. Public Defender (Nancy S. Forster, Public Defender, Eve L. Brensike, Asst. Public Defender, on brief), for respondents/cross-petitioners.

Keith S. Franz, Azrael, Gann & Franz, LLP, Towson, amicus curiae.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, and LAWRENCE F. RODOWSKY, (Retired, Specially Assigned), JJ.

RAKER, J.

Petitioner, the victim of a delinquent act, sought reconsideration of a Consent Order for Restitution that the Circuit Court for Howard County had approved without affording petitioner notice or opportunity to be heard. The Circuit Court, sitting as the Juvenile Court, denied petitioner's Motion for Reconsideration. The Court of Special Appeals dismissed petitioner's appeal. We shall affirm.

I.

On February 29, 2000, respondent DeShawn C. shot petitioner, Oscar Antonio Lopez-Sanchez, in the back as petitioner was on his way home from work. The bullet fractured petitioner's spine and right rib, with bullet fragments and bone fragments remaining in the spinal canal. As a result of the shooting, petitioner is paralyzed permanently from the chest down.

The State filed a Petition for Delinquency in the Circuit Court for Howard County, sitting as a Juvenile Court, against DeShawn C. Following an adjudicatory hearing on October 27, 2000, a Juvenile Master found DeShawn C. to be involved as to attempted murder, first degree assault, second degree assault, and reckless endangerment. He was adjudicated a delinquent child and committed to the custody of the Department of Juvenile Justice (currently known as the Department of Juvenile Services).

On May 16, 2001, the State's Attorney's Office for Howard County certified that the crime victim notification request form described in Md.Code (2001, 2004 Cum. Supp.), § 11-104(c) of the Criminal Procedure Article¹ had been mailed or otherwise delivered to petitioner. On May 25, 2001, petitioner filed the completed Crime Victim Notification Request Form.

The Circuit Court held a disposition review hearing on July 24, 2001. The primary subject of this hearing was the future placement of DeShawn C., who was scheduled to complete a program at Bowling Brook Academy on July 28. Petitioner was present at the hearing, and his written victim impact statement was submitted to the court. In the statement, petitioner recounted how he had come to the United States in order to send money home to his impoverished father and siblings in rural El Salvador, and how he had done so for two years by working at a Wendy's restaurant. He described himself as "a prisoner in my own body," dependant on others for "everything." He stated that "[t]his young man has robbed me of the dreams I had until only God knows when." The statement concluded with the words "[f]inally, Your Honor, I believe the law gives me the right to ask that this young man eventually make restitution to me for the harm he has done. I ask you to order him to pay restitution."

The following colloquy took place with respect to restitution:

"THE COURT: Well, one of the things that he said in his statement was about some type of restitution, was that adjudicated in front of the Master?

[PROSECUTOR:] No, Your Honor, it was not.

THE COURT: Is that still an open possibility, or is that — I mean, is that at this stage? Is that not available or what? I'm asking out of ignorance here.

[PROSECUTOR:] Your Honor, I don't know that it is. I don't believe that it is. My understanding is the initial — all the hospital bills and medical bills have been taken care of, that is still an attempt for Criminal Injury's Compensation Board that requires certain document[s] that Mr. Lopez does not have at this particular point in time. It did not cover the continuing medications, and I take full responsibility for that, Your Honor."

On July 26, 2001, the Circuit Court entered an order committing DeShawn C. to the custody of the Department of Juvenile Justice until the age of 21, with the specifics of DeShawn C's placement to be at the Department's discretion. The order did not address restitution.

On July 28, 2001, petitioner submitted a written request for restitution pursuant to § 11-603 of the Criminal Procedure Article,² together with a request for a restitution hearing. Included in this request was documentation of petitioner's economic losses, including pay stubs demonstrating lost wages exceeding $21,000. DeShawn C. filed a motion to dismiss the request, which the State opposed. The Court scheduled a restitution hearing, but postponed the hearing at the joint request of the DeShawn C. and the State, who were then attempting to negotiate an agreed-upon amount of restitution.

In June, 2002, DeShawn C. and the State submitted a proposed "Consent Order for Restitution." DeShawn C. was to pay petitioner $4,427.50 as restitution, reflecting only medical expenses, and not including petitioner's lost wages. The proposed order was not sent to petitioner, nor was petitioner notified that it had been submitted to the court. Without a hearing, the Court signed and filed the Consent Order for Restitution on June 20, 2002.

Petitioner was contacted on June 27, 2002 by an assistant state's attorney, who informed him that the Consent Order had been filed. Petitioner filed a Motion to Reconsider Order or, Alternatively, to Alter or Amend Judgment, asserting that he had been denied his right to receive notice of court proceedings under § 11-104(e) of the Criminal Procedure Article³, and his presumptive right to restitution under § 11-603(b) of the Criminal Procedure Article. He filed a Motion for Access to Court Records, asserting that he had good cause to access the records of the juvenile proceeding, as required under § 3-8A-27(b)(1) of the Courts and Judicial Proceedings Article.⁴ He requested that the restitution be increased from $4,427.50 to $10,000, the statutory limit in delinquency proceedings under § 11-604(b) of the Criminal Procedure Article. Both DeShawn C. and the State opposed the reconsideration motion on the grounds that petitioner was not a party to the delinquency proceeding and did not have standing to seek reconsideration of the order of restitution.

The Circuit Court held a hearing on April 16, 2003, and on May 1, 2003, denied the motion on the ground that "the victim in this case cannot be found to be a party, and therefore does not have standing before this court." The court stated as follows:

"The victim here does have a compelling case that he has not been compensated in any way that is commensurate with the severe injuries he has suffered and will suffer for the rest of his life. He remains confined to a wheelchair as a result of Respondent's actions and he likely will not soon be able to be fully employed because of language barriers and his low educational attainment as well as his disability. Mr. Lopez-Sanchez's situation is one that would merit attention if the Court had the power to address it. However, it appears that the current statutes and rules do not allow the Court to entertain a request for relief of the nature filed here where the State does not join in the request."

On June 2, 2003, petitioner filed both an Application for Leave to Appeal and a Notice of Appeal. The State and DeShawn C. filed motions to dismiss petitioner's appeal. The Court of Special Appeals granted the Application for Leave to Appeal. In a reported opinion, the intermediate court dismissed the appeal. Lopez-Sanchez v. State, 155 Md.App. 580, 843 A.2d 915 (2004). The court held that petitioner had no right to bring a direct appeal under Md.Code (1973, 2002 Repl. Vol, 2004 Cum.Supp.), § 12-301 of the Courts and Judicial Proceedings Article, because petitioner was not a party to the delinquency proceeding, and did not have a sufficiently direct interest in the outcome to fall within the narrow range of case law permitting technical non-parties to bring appeals. The court further held that petitioner had no right to file an Application for Leave to Appeal under § 11-103 of the Criminal Procedure Article, because he was not a "victim of a violent crime" within the meaning of the statute, and that the court was without power to grant leave to appeal.

We granted Oscar Antonio Lopez-Sanchez's petition for writ of certiorari to consider the following questions:

1. Can the victim of an act of juvenile delinquency appeal the denial of statutory rights granted to the victim in juvenile proceedings by the General Assembly?

2. Does a victim have standing to assert his statutorily-granted rights in the trial court?

3. Whether the petitioner has been denied due process of law under the United States and Maryland Constitutions?

Lopez-Sanchez v. State, 381 Md. 677, 851 A.2d 596 (2004).⁵

II.

Before this Court, petitioner argues that he enjoys a right of direct appeal under Md.Code (1973, 2002 Repl.Vol., 2004 Cum. Supp.), § 12-301 of the Courts and Judicial Proceedings Article.⁶ He argues that, as the victim of a delinquent act, he has a uniquely strong interest in the determination of restitution in this matter, in notice of proceedings, and in his opportunity to be heard. He points to Article 47 of the Declaration of Rights⁷ and to numerous Maryland statutes addressing victims' rights as indicia of the strength of the interest that Maryland has recognized in victims of crimes and delinquent acts. He relies heavily on Md.Code (1973, 2002 Repl.Vol., 2004 Cum.Supp.), § 3-8A-02 of the Courts and Judicial Proceedings Article, which provides, in pertinent part:

"The purposes of this subtitle [Juvenile Causes — Children Other Than CINAs and Adults] are:

(1) To ensure that the Juvenile

...