State v. Thompson

• Decision Date: 01 September 1993
• Docket Number: No. 2,2
• Citation: 332 Md. 1,629 A.2d 731
• Parties: STATE of Maryland v. William THOMPSON. ,
• Court: Maryland Court of Appeals

Page 1

332 Md. 1

629 A.2d 731

STATE of Maryland v. William THOMPSON.

No. 2, Sept. Term, 1993.

Court of Appeals of Maryland.

Aug. 26, 1993.

Kreg Paul Greer, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen.), both on brief, Baltimore, for appellant.

Richard M. Karceski (White & Karceski) both on brief, Towson, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

ROBERT M. BELL, Judge.

The issue in this case is whether a defendant, who is committed to a drug treatment center pursuant to Maryland Code (1982, 1990 Repl.Vol.), § 8-507 of the Health General Article and successfully completes the program of treatment, is required to serve the balance of the mandatorily imposed minimum sentence of incarceration prescribed by Maryland Code (1957, 1992 Repl.Vol.), Article 27, § 286(c)(1). We answer, "no," and, so, affirm the judgment of the circuit court.

I.

William Thompson, the appellee, a repeat drug offender, was convicted in the Circuit Court for Baltimore County of conspiracy to violate the controlled dangerous substances laws, conspiracy to distribute cocaine, conspiracy to possess cocaine with intent to distribute, conspiracy to possess cocaine, and conspiracy to solicit the distribution of cocaine. Counts three, four and five were merged into counts one and two. The court imposed concurrent sentences of fifteen years' incarceration on each count, ten years of which, pursuant to Article 27, section 286(c)(1), were to be served without parole. The balance of the sentences were suspended and the appellee was placed on five years probation. As a condition of release, the appellee was committed to Second Genesis, a drug treatment program. The probation order required the appellee, upon release, to submit to periodic urinalysis as the Department of Parole and Probation requires and participate in such after care programs as it may recommend.

The State urged at sentencing that, if the appellee were committed for treatment, upon its completion, he be remanded to the Department of Correction to serve the balance of the mandatory minimum sentence the court imposed, arguing that treatment "does not allow him to avoid the 10 years without parole." The court rejected the argument and the State appealed. Prior to consideration of this case by the Court of Special Appeals, we issued, on our own motion, a writ of certiorari to review this important issue. 329 Md. 601, 620 A.2d 940 (1993).

II.

A.

Article 27, section 286(c) provides:

(1) A person who is convicted under subsection (b)(1) or subsection (b)(2) of this section, or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section shall be sentenced to imprisonment for not less than 10 years if the person previously has been convicted:

(i) Under subsection (b)(1) or subsection (b)(2) of this section;

(ii) Of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section; or

(iii) Of an offense under the laws of another state, District of Columbia or United States that would be a violation of subsection (b)(1) or subsection (b)(2) of this section if committed in this State. ¹

(2) The prison sentence of a person sentenced under subsection (b)(1) or subsection (b)(2) of this section, or of conspiracy to violate subsection (b)(1) or (b)(2) of this section or any combination of these offenses, as a second offender may not be suspended to less than 10 years, and the person may be paroled during that period only in accordance with Article 31B, § 11 of the Code.

(3) This subsection does not prevent, prohibit, or make ineligible a convicted defendant from participating in the rehabilitation program under Title 8, Subtitle 5 of the Health-General Article, because of the length of sentence, if imposed under subsection (b)(1) of this section. ²

Section 8-507, in pertinent part, provides:

(a) In general.--If a court finds in a criminal case that a defendant has an alcohol or drug dependency, the court may commit the defendant as a condition of release, after conviction, or at any other time the defendant voluntarily agrees to treatment to the Department for inpatient, residential, or outpatient treatment.

(b) Prerequisites.--Before a court may commit a defendant to the Department for treatment, the court shall:

(1) Offer the defendant the opportunity to receive treatment; and

(2) Obtain the written consent of the defendant:

(i) To receive treatment; and

(ii) For the reporting of information back to the court; and

(3) Consult with the Administration.

* * * * * *

(f) Withdrawal of consent.--(1) A defendant's withdrawal of consent to treatment shall be promptly reported to the court.

(2) The defendant shall be returned to the court within 7 days for further proceedings.

(g) Habeas Corpus.--A defendant who is committed for treatment under this section may question at any time the legality of the commitment by a petition for a writ of habeas corpus.

(h) Duration; extension; termination.--(1) A commitment under this section shall be for at least 72 hours and not more than 1 year. (2) On good cause shown by the Administration, the court may extend the time period for providing the necessary treatment services in increments of 6 months.

(3) Except during the first 72 hours after commitment, the Director or a designee of the Director may terminate the commitment if the Director or the designee determines that:

(i) Continued commitment is not in the best interest of the individual; or

(ii) The individual is no longer amenable to treatment.

(i) Release.--When an individual is to be released from a commitment under this section, the Director or the Director's designee shall consult with the court to determine if the individual is to be returned to the court.

(j) Leaving facility without authorization.--In the event an individual committed under this section leaves a treatment facility without authorization, the responsibility of the Department is limited to the notification of the court that committed the individual as soon as it is reasonably possible.

(k) Obligation of Administration.--Nothing in this section imposes any obligation on the Administration:

(1) To treat any defendant who knowingly and willfully declines to consent to further treatment; or

(2) In reporting to the court under this section, to include an assessment of a defendant's dangerousness to one's self, to another individual, or to the property of another individual by virtue of a drug or alcohol problem.

(l ) Credit against sentence.--Any time served by a criminal defendant held for evaluation or committed for treatment shall be credited against the sentence imposed by the court.

B.

The issue here presented involves discerning legislative intent. Our inquiry into legislative intent begins with the words of the statute to be interpreted and, ordinarily, also ends there. Harris v. State, 331 Md. 137, 145, 626 A.2d 946, 950 (1993). When the words of the statute are clear and unambiguous, we need not go further. G. Heileman Brewing Co. v. Stroh Brewery Co., 308 Md. 746, 755, 521 A.2d 1225, 1230 (1987); Comptroller of Treasury v. Fairchild Industries, Inc., 303 Md. 280, 284, 493 A.2d 341, 343 (1985). We are not, however, precluded from looking at the purpose of the statute, "other material that fairly bears on the fundamental issue of legislative goal or purpose," Harris, 331 Md. at 146, 626 A.2d at 950, quoting Wynn v. State, 313 Md. 533, 539, 546 A.2d 465, 468 (1988), quoting Kaczorowski v. Mayor and City Council of Baltimore, 309 Md. 505, 515, 525 A.2d 628, 632-33 (1987) and comparing the results. Sabatier v. State Farm Mut. Auto Ins. Co., 323 Md. 232, 250, 592 A.2d 1098, 1107 (1991); Mustafa v. State, 323 Md. 65, 73, 591 A.2d 481, 485 (1991); Baltimore County Coalition Against Unfair Taxes v. Baltimore County, 321 Md. 184, 203, 582 A.2d 510, 519 (1990); Cunningham v. State, 318 Md. 182, 185, 567 A.2d 126, 127 (1989); Kaczorowski, 309 Md. at 514-15, 525 A.2d at 632-33.

In this case there are two statutes to be construed. Two statutes which deal with the same subject matter are in pari materia, should be construed together and, to the extent possible, harmonized. State v. Bricker, 321 Md. 86, 93, 581 A.2d 9, 12 (1990); In re Criminal Investigation No. 1-162, 307 Md. 674, 690, 516 A.2d 976, 982 (1986); Unnamed Physician v. Commission on Medical Discipline, 285 Md. 1, 10, 400 A.2d 396, 401, cert. denied, 444 U.S. 868, 100 S.Ct. 142, 62 L.Ed.2d 92 (1979). Full effect should be given to each, Bricker, 321 Md. at 93, 581 A.2d at 12; Farmers & Merchants Nat'l Bank of Hagerstown v. Schlossberg, 306 Md. 48, 61, 507 A.2d 172, 178-79 (1986); Willis v. State, 302 Md. 363, 375, 488 A.2d 171, 178 (1985); Management Personnel Servs., Inc. v. Sandefur, 300 Md. 332, 341, 478 A.2d 310, 314 (1984); Bd. of Educ. of Garrett County v. Lendo, 295 Md. 55, 62, 453 A.2d 1185, 1189 (1982), neither adding, nor deleting, words to obtain a meaning not otherwise evident by the words actually used. Lendo, 295 Md. at 63, 453 A.2d at 1189; Smelser v. Criterion Ins. Co., 293 Md. 384, 389, 444 A.2d 1024, 1027 (1982); Pappas v. Pappas, 287 Md. 455, 465, 413 A.2d 549, 553 (1980). Moreover, each statute must be given a reasonable interpretation, not one that is illogical or incompatible with common sense. D & Y, Inc. v. Winston, 320 Md. 534, 538, 578 A.2d 1177, 1179 (1990); Blandon v. State, 304 Md. 316, 319, 498 A.2d 1195, 1196 (1985); Erwin and Shafer, Inc. v. Pabst Brewing Co., 304 Md. 302, 315, 498 A.2d 1188, 1194 (1985).

III.

The State maintains that the trial court erred when it refused to order that, upon completion of the drug treatment program to which he was ordered committed, the appellee be remanded to the Department of Correction to serve the balance of the ten year sentence mandated by section 286(c)(1) and properly imposed by the court. It asserts that an interpretation of section 8-507 that would...