Montanye v. State
Decision Date | 10 September 1969 |
Docket Number | No. 446,446 |
Citation | 256 A.2d 706,7 Md.App. 627 |
Parties | George Henry MONTANYE v. STATE of Maryland. |
Court | Court of Special Appeals of Maryland |
Martin A. Ferris, III, Baltimore, for appellant.
T. Joseph Touhey, Asst. Atty. Gen., with whom were Francis B. Burch, Atty. Gen., Baltimore, Samuel A. Green, Jr., and Edward A. DeWaters, Jr., State's Atty. and Asst. State's Atty. for Baltimore County, respectively, Towson, on the brief, for appellee.
Before MURPHY, C. J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.
George Henry Montanye, the appellant, was sentenced to a term of fifteen years by the Circuit Court for Baltimore County after a plea of guilty to robbery with a dangerous and deadly weapon. Prior to the entry of the plea there was the following colloquy:
The statement of the State's Attorney showed that Montanye hailed a taxicab in Baltimore City and asked the driver to take him and some companions to an area in Baltimore County near Catonsville. Enroute one of the men pulled a gun and demanded money from the cabdriver, who gave them $17. The cabdriver was stabbed twice and shot once. It was agreed that Montanye did not personally participate in either the shooting or the stabbing. At the time of sentencing Montanye was nineteen years of age and had no criminal record. Background information on Montanye was furnished by his adopted father who had adopted Montanye when he was seven. The father said Montanye had lived at home until he was seventeen, when he joined the army from which he was given an undesirable discharge. The cause of the discharge was Montanye's dissatisfaction with service life when he was not permitted to serve in Viet Nam until he was nineteen. After Montanye's counsel pleaded for mitigation of sentence, the following occurred:
In his brief, Montanye alleges that he 'had been led to believe that by entering a guilty plea and proceeding on an agreed statement of facts, he would receive a lesser sentence.' He argues that since there is nothing in the record to dispute his allegation, the conviction should be reversed and remanded for a new trial. He further emphasizes that there were no inquiries by the court as to why he was pleading guilty. Specifically, he points to the facts that he was a youthful first offender unfamiliar with criminal proceedings, that the court did not inquire whether anyone made any promises or threats to persuade him to plead guilty, and that the court did not inquire whether Montanye understood that the severity of his punishment was solely in the trial court's discretion. Had any of these questions now presented by Montanye been asked at trial, the answers would have either confirmed or negatived his present contention.
It is apparent the trial judge did not inquire as deeply into the voluntariness of the guilty plea as trial judges throughout the State generally do, as...
To continue reading
Request your trial-
Perry v. Crouse
...(Dictum); In Re Tahl, 1 Cal. 3d 122, 81 Cal.Rptr. 577, 460 P.2d 449; Commonwealth v. Godfrey, 434 Pa. 532, 254 A.2d 923; Montanye v. State, 7 Md. App. 627, 256 A.2d 706; Silverberg v. Warden, Maryland Penitentiary, 7 Md. App. 657, 256 A.2d 821. We have noted that Schnautz v. Beto, 416 F.2d ......
-
Mathis v. Warden, Nev. State Penitentiary
...N.W.2d 713 (1969); Commonwealth v. Godfrey, 434 Pa. 532, 254 A.2d 923 (1969); Child v. State, 253 A.2d 691 (Me.1969); Montanye v. State, 7 Md.App. 627, 256 A.2d 706 (1969); State v. Griswold, 105 Ariz. 1, 457 P.2d 331 (1969); Endsley v. Cupp, 459 P.2d 448 (Or.1969); In re Tahl, 1 Cal.3d 122......
-
Nachtigall v. Erickson
...re Tahl, supra; Ernst v. State, supra; Crego v. State, Mo., 447 S.W.2d 550; State v. Griswold, 105 Ariz. 1, 457 P.2d 331; Montanye v. State, 7 Md.App. 627, 256 A.2d 706; Child v. State, Me., 253 A.2d 691; Commonwealth v. Godfrey, 434 Pa. 532, 254 A.2d 923; Hall v. Alabama, 45 Ala.App. 252, ......
-
State v. Zimmerman, 307
...in much the same manner as that specified by the Court of Special Appeals for acceptance of a guilty plea. 3 See Montanye v. State, 7 Md.App. 627, 630, 256 A.2d 706 (1969), and Silverberg v. Warden, 7 Md.App. 657, 662, 256 A.2d 821 Order of the Court of Special Appeals reversed, and judgmen......