State v. Anderson

• Decision Date: 02 July 1990
• Docket Number: No. 137,137
• Citation: 575 A.2d 1227,320 Md. 17
• Parties: STATE of Maryland v. James Leon ANDERSON. Sept. Term 1988.
• Court: Maryland Court of Appeals

Page 17

320 Md. 17

575 A.2d 1227

STATE of Maryland v. James Leon ANDERSON.

No. 137 Sept. Term 1988.

Court of Appeals of Maryland.

July 2, 1990.

Cathleen C. Brockmeyer, Asst. Atty. Gen., J. Joseph Curran, Jr., Atty. Gen., both on brief, Baltimore, for petitioner.

Gary S. Offutt, Asst. Public Defender, Alan H. Murrell, Public Defender, both on brief, Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, JJ., and BLACKWELL ^*, J. (retired).

ELDRIDGE, Judge.

The defendant-respondent, James Leon Anderson, and the victim, George Ford, had been playing cards one evening at someone else's house in Baltimore City. They left the card game together, and Ford offered Anderson a ride home in Ford's automobile. According to Ford's testimony at the trial below, Ford entered the vehicle on the driver's side, reached across and opened the door on the passenger's side, and then started the vehicle. As soon as he started the vehicle, he heard "a big noise in the car" and "thought that the car had blown up." Next, his arm and his leg "got numb," and he saw the defendant Anderson running down the street. Anderson had not entered the car after the door on the passenger side had been opened. Ford "felt" that his side was wet, reached down with his hand, and saw blood on his hand. Ford exclaimed: "He shot me." At no time during the incident, however, did Ford see a gun. Ford was hospitalized for eight to ten weeks because of his injury.

Anderson was charged in the District Court of Maryland, sitting in Baltimore City, with attempted murder, use of a handgun in the commission of a crime of violence in violation of Maryland Code (1957, 1987 Repl.Vol.), Art. 27, § 36B(d), wearing or carrying a handgun in violation of Art. 27, § 36B(b), and discharging a firearm in Baltimore City in violation of Art. 19, § 112, of the Baltimore City Code.

At the District Court trial, in addition to Ford's testimony set forth above, the investigating policeman testified that Ford had been "shot in the torso area" on the "right side." He also testified that the "bullet hole" was small. No bullet, however, was found. Furthermore, there was no medical or other expert testimony concerning the nature or cause of the wound. At one point during Ford's testimony, Ford speculated that Anderson "shot" him because Ford had taken five dollars from a pool of money which Anderson had won in the card game. Ford stated that Anderson had owed him five dollars from the previous week.

Following the presentation of the evidence at the trial, and during argument of counsel, the district judge indicated that he was concerned about the absence of evidence regarding the weapon and the absence of a bullet. At one point, the judge speculated that the wound might have been caused by something other than a bullet.

Nevertheless, after argument by counsel, and based on the circumstances and the victim's testimony which the district judge stated that he believed, the judge rendered verdicts that Anderson was guilty of attempted murder and not guilty of the "handgun charges." The court thus stated:

"Court: Well, I think, I think the state of, I believe the, the testimony of the victim and I was not dissuaded in any way by the inconsistencies that were brought out because of the police report. I found those inconsistencies to be explainable. I think, because of the fact, there was no actual evidence of the handgun being fired, but the fact that no one saw the handgun, they just heard a noise, although the, an apparent bullet hole is there, is going to make for an inconsistent verdict. I believe that the State presented enough to, to convict on the attempted murder and verdict will be guilty. As to the handgun charges, the verdict's not guilty."

Nothing specifically was said concerning the charge of discharging a firearm in Baltimore City. On the verdict sheets signed by the judge, however, a "not guilty" verdict was entered with respect to discharging a firearm in Baltimore City. Later a motion to set aside the attempted murder verdict was denied, and a sentence of 30 years imprisonment was imposed for attempted murder.

Anderson took an appeal to the Circuit Court for Baltimore City. As there was no consent between the parties that the appeal would be on the District Court record, the appeal was scheduled to be heard as a trial de novo in the circuit court. Maryland Code (1974, 1989 Repl.Vol.), § 12-401(d) of the Courts and Judicial Proceedings Article. ¹

Prior to the hearing of the appeal de novo, Anderson filed in the circuit court a motion to dismiss the attempted murder charge. The theory of the motion was that the district judge had rendered inconsistent verdicts, that the findings underlying the acquittals on the handgun and firearm charges precluded a conviction on the attempted murder charge, and that an appeal de novo in the circuit court on the attempted murder charge was barred by principles of collateral estoppel embodied in the double jeopardy prohibition.

After some initial procedural skirmishes, the circuit court granted the motion and dismissed the attempted murder charge. The circuit court explained as follows:

"You have a situation here where the defendant went to trial on the attempted murder, use of a handgun in the commission of a crime of violence, possession of a handgun and discharge of a handgun and even the Judge below recognized that the verdict was an inconsistent one. The fact of the matter is he found the Defendant not guilty of the handgun charges, he found him guilty of the attempted murder and that attempted murder was by way of shooting. It would seem to me that perhaps if the attempted murder and the evidence relating to the attempted murder was not by way of shooting then we would be in a somewhat different posture, but that's not the case here. The evidence adduced at trial below dealt with a shooting and even though the argument can be made that the acquittal on the use of the handgun charge certainly would not bar retrial on the attempted murder and again certainly it could be argued that acquittal on the possession of a handgun charge does not necessarily bar retrial on the attempted murder, I am constrained to see how acquittal on discharging of a firearm charge would not preclude on the attempted murder charge. It would seem to me that in order to prove the attempted murder under the facts and circumstances of this case the State is going to have to show that a weapon that is used to propel a bullet was used. That bullet was lodged in the victim in this case, hence there is--you have the gun by way of discharging that firearm--and he's already been acquitted of discharging of a firearm. Consequently, I am going to grant the motion to dismiss on the basis of double jeopardy and collateral estoppel."

The State filed a notice of appeal to the Court of Special Appeals. Thereafter, but within thirty days of the circuit court's judgment, the State filed in this Court a petition for a writ of certiorari. The petition requested either the issuance of a writ of certiorari to the Court of Special Appeals pursuant to Code (1974, 1989 Repl.Vol.), §§ 12-201 and 12-302(c)(1) of the Courts and Judicial Proceedings Article or the issuance of a writ of certiorari to the Circuit Court for Baltimore City pursuant to § 12-305 of the Courts and Judicial Proceedings Article. This Court granted the State's petition and issued writs of certiorari both to the Court of Special Appeals and to the Circuit Court for Baltimore City.

I.

The State, before addressing the merits of the circuit court's dismissal of the attempted murder charge, strenuously argues that it had a right to appeal from the circuit court's judgment to the Court of Special Appeals. The State claims that our jurisdiction vests under §§ 12-201 and 12-203 of the Courts and Judicial Proceedings Article, which authorize certiorari review by this Court of cases pending in the Court of Special Appeals. ²

The State relies on § 12-302(c)(1) of the Courts and Judicial Proceedings Article which provides as follows:

"(c) In a criminal case, the State may appeal as provided in this subsection.

(1) The State may appeal from a final judgment granting a motion to dismiss or quashing or dismissing any indictment, information, presentment, or inquisition."

The State contends that § 12-302(c)(1) is not limited to criminal cases where a circuit court was exercising jurisdiction as a trial court. The State insists that § 12-302(c)(1) also authorizes the State to appeal from a circuit court judgment dismissing a charging document when the circuit court is exercising appellate jurisdiction over a criminal case which was initially tried in the District Court. We disagree with the State's position.

The basic right of a party to appeal from a final circuit court judgment is set forth in § 12-301 of the Courts and Judicial Proceedings Article which provides in pertinent part as follows:

"Except as provided in § 12-302, a party may appeal from a final judgment entered in a civil or criminal case by a circuit court...."

Section 12-302 of the Courts and Judicial Proceedings Article, however, lists six "exceptions" to § 12-301. The first exception covers the present case. Section 12-302 provides in relevant part as follows:

" § 12-302. Same--Exceptions.

(a) Unless a right to appeal is expressly granted by law, § 12-301 does not permit an appeal from a final judgment of a court entered or made in the exercise of appellate jurisdiction in reviewing the decision of the District Court...."

Subsections (b) through (f) contain the remaining exceptions. The limitations upon the State's right to appeal final circuit court judgments in criminal cases are contained in subsection (c). Subsection (c)(1) authorizes the State to appeal from a final judgment granting a motion to dismiss a charging document.

The State's theory is that § 12-302(c) constitutes an...