State v. Priet

• Decision Date: 14 January 1981
• Docket Number: No. 17,17
• Citation: 424 A.2d 349,289 Md. 267
• Parties: STATE of Maryland v. Brian Dale PRIET, Robert Wayne Pincus and Gary Vandiver.
• Court: Maryland Court of Appeals

Page 267

289 Md. 267

424 A.2d 349

STATE of Maryland v. Brian Dale PRIET, Robert Wayne Pincus and Gary Vandiver.

No. 17.

Court of Appeals of Maryland.

Jan. 14, 1981.

Stephen Rosenbaum, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on the brief), for appellant.

Patricia A. Logan, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellees.

Argued before MURPHY, C. J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

MURPHY, Chief Judge.

The sole issue in these consolidated criminal cases is whether guilty pleas were accepted in violation of that part of Maryland Rule 731 c which requires questioning of the defendant on the record to determine that the plea is voluntarily entered, "with understanding of the nature of the charge." Maryland Rule 731 c provides:

"The court may not accept a plea of guilty without first questioning the defendant on the record to determine that the plea is made voluntarily, with understanding of the nature of the charge and the consequences of the plea. The court may accept the plea of guilty even though the defendant does not admit that he is in fact guilty if the court is satisfied that there is a factual basis for the plea...."

In each case, convictions entered upon guilty pleas were reversed by the Court of Special Appeals on the ground that the requisite inquiry contemplated by the rule to determine whether the defendant understood "the nature of the charge" to which he pled guilty was not made. In so concluding, the Court of Special Appeals placed reliance upon our decision in Countess v. State, 286 Md. 444, 408 A.2d 1302 (1979), a case mandating reversal of a conviction for failure to comply with the requirements governing the waiver of the right to trial by jury, as prescribed by Maryland Rule 735 d. ¹ We granted certiorari to consider whether the intermediate appellate court properly interpreted and applied the provisions of Rule 731 c in reversing the convictions in these cases.

I The Priet Case

After waiving the reading of the multi-count indictment, Priet, through his counsel, pleaded guilty in the Circuit Court for Baltimore County to robbery with a dangerous and deadly weapon. Before accepting the plea, the trial judge (Hormes, J.) questioned Priet at length. He ascertained from Priet's personal responses to his questions that the defendant was nineteen years old and had a ninth grade education; that he was not then under the influence of alcohol, drugs, or any medication; and that he had been in a mental institution for evaluation on two recent occasions. The trial judge said to Priet: "Now, you are asking us to enter a guilty plea to the charge of robbery with a dangerous and deadly weapon, are you not?" Priet replied, "Yes, sir." The trial judge then told Priet that upon conviction for the offense, a sentence of twenty years could be imposed. Priet said he understood. Judge Hormes advised Priet in detail of the various constitutional and statutory rights that he would be waiving if his guilty plea were accepted. Priet said he understood. Judge Hormes then told Priet that if his guilty plea were accepted, there would be no trial but that a "statement" would be read into the record. Again Priet said he understood. Judge Hormes asked Priet whether his plea was "voluntary," of his "own free will and without any conditions" and entered because he was "in fact guilty." Priet responded affirmatively to each of these questions. The trial judge next asked Priet whether, except for the plea agreement, any promises or inducements had been made to him in return for his guilty plea and whether he had been threatened, intimidated, or forced into pleading guilty. Priet responded in the negative. In response to further questions from the court, Priet acknowledged that he had discussed his guilty plea with his attorney, as well as the relevant facts of the case and possible defenses to the crime. At this point in the dialogue, Judge Hormes said that he was satisfied that the plea was voluntary. The prosecutor then read an agreed statement of facts to the court. It disclosed that Priet and a companion had entered a 7-11 Store and, at the point of a fourteen-inch bayonet, and in the presence of store employees, had taken money from the store's cash register, together with a traveler's check and a cigarette coupon. The statement indicated that Priet was subsequently apprehended with the fruits of the crime in his possession, and that eyewitnesses would identify Priet as one of the robbers. The court thereafter entered a verdict of guilty, and sentenced Priet to ten years' imprisonment.

In reversing Priet's conviction, the Court of Special Appeals said that the record "shows no discussion with the appellant as to the nature of the charge," as required by Rule 731 c. Priet v. State, 45 Md.App. 1, 3, 410 A.2d 1107 (1980). It pointed out that in Countess v. State, supra, we said that Rule 735 required that the inquiry whether the defendant had waived a jury trial must be on the record; that the inquiry must be personally addressed to the defendant and his responses recorded; that it was not sufficient that counsel simply report to the court that he advised the defendant of the information necessary for an effective election; and that the court must know what is told the defendant to be able to evaluate his responses to the information imparted. The court held that our reversal in Countess for violation of Rule 735 required, by analogy, that Priet's conviction be reversed for violation of Rule 731 c "because the judge did not inquire on the record of the defendant whether he understood the charges to which he pled guilty." 45 Md.App. at 3, 410 A.2d 1107. Noting a similarity of language between Rule 731 c and 735 d, the Court of Special Appeals said:

"There is no reason to require a less strict rule when the issue is the acceptance of a guilty plea than when the issue is the waiver of a jury trial. More constitutional rights are waived by a guilty plea than just the right to a jury trial. A defendant who pleads guilty waives his right to any trial as well as several other constitutional rights." 45 Md.App. at 3-4, 410 A.2d 1107.

The court explained that its reversal of Priet's conviction for non-compliance with Rule 731 c was supported by cases interpreting similar language in Rule 11 of the Federal Rules of Criminal Procedure, ² citing primarily McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), for the proposition that under the federal rule "the trial judge must personally determine whether the defendant understands the nature of the charges." 45 Md.App. at 5, 410 A.2d 1107.

The Pincus Case

After the first degree murder indictment was read to Pincus, his counsel, as a result of plea negotiations with the State, entered a plea of guilty in the Criminal Court of Baltimore to second degree murder. Before accepting the plea, the trial judge (Karwacki, J.) extensively questioned Pincus. He ascertained from Pincus' personal responses to his questions that the defendant was nineteen years old, had a seventh grade education, and had spent a year in a mental institution. Judge Karwacki asked Pincus whether he understood that he had entered a plea of guilty "to a charge that you murdered one Robert Alverson on September 30, 1979, here in Baltimore." Pincus said he understood and in response to further questions from the court he said that he had participated in the murder. The court thereafter advised Pincus with considerable specificity concerning constitutional and other rights that he would be waiving by pleading guilty. Pincus said he understood. The court then directed the prosecutor to read the plea agreement aloud and asked Pincus to "listen carefully." After the agreement was read, Pincus said that he understood that under its terms he would be subject to imprisonment for up to fifteen years, and also understood that it was for the judge to make the determination as to sentence. Judge Karwacki then elicited further responses from Pincus, showing that the plea was free and voluntary and was not entered as a result of any threats. The prosecutor then asked Pincus whether in answering "Yes" to the court's questions he understood what the trial judge "was talking about or did you answer 'Yes' for any other reasons?" Pincus replied, "Basically because I understood all the questions." The prosecutor then asked Pincus whether he understood the difference between first and second degree murder. Pincus replied that he did and that he had taken the difference in punishment into consideration in pleading guilty to second degree murder. At the court's request, the factual basis for Pincus' plea was thereafter read into the record. It disclosed that the victim and Pincus were neighbors in an apartment house; that Pincus became annoyed with the victim's banging on his door, trying to sell him things; that Pincus let the victim enter and then stabbed him repeatedly with a knife, after which the victim died. The court concluded that there was a factual basis for the plea and that it was entered freely and voluntarily, with full knowledge of its consequences. The court thereupon accepted the plea to second degree murder.

Relying upon Priet and Countess, the Court of Special Appeals, in an unreported opinion, reversed Pincus' conviction for failure to comply with Rule 731 c, stating that "there is nothing on the record to show that the trial judge inquired of the defendant whether he understood 'the nature of the charge' to which he pled guilty." Pincus v. State, No. 813, September Term, 1979 (Court of Special Appeals, filed February 29, 1980).

The Vandiver Case

Vandiver entered an Alford -type ³ guilty plea in the Criminal Court of Baltimore to the charge of robbery. Before the plea was accepted by the by the court (Howard, J.), Vandiver's counsel questioned him...