Montrail M., In re
| Decision Date | 01 September 1990 |
| Docket Number | No. 1147,1147 |
| Citation | 87 Md.App. 420,589 A.2d 1318 |
| Parties | In re MONTRAIL M., Harold S., Jr. and Matio C |
| Court | Court of Special Appeals of Maryland |
Mary Ann Ince, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and J. Frederick Price, Former State's Atty. for Kent County, Chestertown, on the brief), for appellee.
Submitted before MOYLAN, BISHOP and ROBERT M. BELL, JJ.
Montrail M. contends that the juvenile court erred in the first adjudicatory hearing when it failed to ensure that he understood his "right to a contested proceeding" before it accepted his admission that he drove without a license.
All three appellants contend that in the second adjudicatory hearing:
I. The juvenile court erred in failing to merge their "convictions" for possession of cocaine into their "convictions" for possession with intent to distribute,
II. The juvenile court erred in denying their motions to suppress, and
III. The juvenile court erred in admitting their out-of-court statements into evidence.
An underlying question in all of these issues is: when should a juvenile, against whom a delinquency petition has been filed, be treated like a criminal defendant? As we shall see, prior to a delinquency adjudication an accused juvenile is entitled to many, if not all, of the constitutional protections that are accorded a criminal defendant. See generally In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970); In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). A delinquency adjudication is not a We find merit in Montrail M.'s argument as to the first adjudicatory hearing. We find no merit, however, in any of the arguments regarding the second adjudicatory hearing.
criminal conviction, however, and a juvenile who has been adjudicated delinquent should not be considered or treated as a criminal. See In re Appeal Misc. No. 32, 29 Md.App. 701, 703, 351 A.2d 164 (1976)
Driving Without a License
At the start of the first adjudicatory hearing, defense counsel stated that Montrail M. "admits to driving the car without a license, Your Honor." The State's attorney then recited a statement of facts, to which defense counsel acquiesced. The statement indicated that a police officer, who knew Montrail M., caught the youngster driving through Chestertown in a borrowed car. At the time, Montrail M. was two months shy of his fifteenth birthday.
After listening to the statement of facts, the court concluded: "Since there is an admission then, the court has no problem at all with finding that Mr. [M.] is, has violated the laws and has performed the acts as stated and as admitted, confessed." Montrail M. argues in the appellants' brief that he "was never informed that he had a right to a contested hearing, to call witnesses, to put the State to its proof, or to any related right of a criminal defendant...."
"[T]he constitutional privilege against self-incrimination is applicable in the case of juveniles as it is with respect to adults." In re Gault, 387 U.S. at 55, 87 S.Ct. at 1458. To that end, Md.Rule 907b provides:
If a respondent child has filed a pleading admitting the allegations of the juvenile petition or indicates to the court his intention not to deny those allegations, the (Emphasis added.) Despite the State's protestations to the contrary, a plain reading of Rule 907b establishes that the rule is applicable whether or not the juvenile is represented by counsel. Compare Md.Rule 906b ().
court, before proceeding with an adjudicatory hearing, shall advise the child of the nature and possible consequences of his action or intended action. The court shall neither encourage [n]or discourage the child with respect to his action or intended action, but shall ascertain to its satisfaction that the child understands the nature and possible consequences of failing to deny the allegations of the juvenile petition, and that he takes that action knowingly and voluntarily. These proceedings shall take place in open court and shall be on the record....
Rule 907b is the mere codification of the practice that prevailed even prior to the rule's promulgation. As this Court explained just prior to the adoption of Rule 907b in 1975:
[I]f admissions by the juvenile by answer or in open court have, in fact, the effect of a guilty plea, we believe that the affirmative acceptance by the court should be required under the constitutional guidelines applicable to a plea of guilty in a criminal case. In other words, such admissions may be effectively accepted and considered by the court only under the standard applicable to a waiver of constitutional rights....
In re Appeal No. 544, 25 Md.App. 26, 42-43, 332 A.2d 680 (1975) (). It is beyond dispute that, regardless of whether a criminal defendant is represented by counsel, an inquiry must be conducted of him to ensure that his guilty plea is voluntary. See generally Md.Rule 4-242(c).
The juvenile court did not comply with Rule 907b. It accepted defense counsel's word that Montrail M. admitted At the subsequent disposition hearing, the court considered the finding that Montrail M. had committed a deliquent act by driving without a license, as well as the findings, to be discussed infra, for controlled dangerous substance violations. Because that disposition was based, in part, on the improper adjudication, that disposition as well must be vacated and remanded to the juvenile court for further proceedings.
that the allegation against him was true without inquiring of Montrail M. whether he understood the nature and the possible consequences of failing to deny the allegation, and whether his admission was knowing and voluntary. The finding that Montrail M. committed the delinquent act of driving without a license, therefore, must be reversed and remanded to the juvenile court for a new hearing.
Controlled Dangerous Substance Violations
At the second adjudicatory hearing, all three appellants, as well as a fourth juvenile who is not a party to this appeal, were found to have committed delinquent acts. That hearing was the result of an encounter that occurred between the youngsters and law enforcement officers during the early morning of May 12, 1990.
Kent County Deputy Sheriff Glen Owens testified that at approximately 2:00 A.M., he heard a report over his radio of a suspected drunk driver in a "tan or brownish" station wagon. About an hour later, an "earthtone" station wagon passed him going in the opposite direction. Deputy Owens suspected that the vehicle was the subject of the earlier radio report. He turned his car around in order to follow the station wagon but lost sight of it.
The deputy explained that shortly thereafter he drove by a private business called "Chesapeake Diesel" and something caught his attention. The building was located off the road in a secluded area and abutted a gravel lot.
Deputy Owens pulled into the lot and spotted the "earthtone" station wagon parked next to the building, about 30 to 40 feet from the road, with its lights off. Deputy Owens observed that there were three persons in the vehicle and that "[t]here was a lot of movement inside the vehicle." 2 The driver appeared to reach beneath his seat
The deputy checked the car's license plate and ascertained that the vehicle was not the subject of the drunk driving report. Because the car was parked outside a private business in an isolated area at 3:30 in the morning, however, he remained suspicious and was concerned for his own safety. He called for back-up, knowing that the only other unit on duty at the time was a canine unit. He then got out of his car and approached the station wagon.
In the meantime, the driver of the station wagon, Matio C., had gotten out of the car and was looking under the hood. Deputy Owens explained that he spoke with Matio C. and determined that he did not appear to be under the influence of alcohol or any other substance. The conversation did nothing, however, to allay the deputy's suspicion that something was amiss.
According to Deputy Owens, Matio C. told him that the brakes on his car had locked and that "he had to use his emergency brake to stop pulling into the parking lot." Deputy Owens observed that the gravel in the lot was not "disturbed" in the way it would have been had the vehicle come to an "abrupt stop." Matio C. indicated that something was wrong with a rear tire. Deputy Owens looked at the tire and noticed nothing out of the ordinary. Matio C. then informed the deputy that he was on his way to Deputy Owens then asked to see Matio C.'s...
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