Vincenti v. State
Citation | 525 A.2d 1072,309 Md. 601 |
Decision Date | 01 September 1987 |
Docket Number | No. 44,44 |
Parties | Robert Allen VINCENTI v. STATE of Maryland. , |
Court | Court of Appeals of Maryland |
Submitted to MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH *, McAULIFFE and ADKINS, JJ.
Petitioner was brought before the Circuit Court for Harford County on 18 April 1985, charged with a violation of probation by having failed to report for alcohol abuse counseling. The trial judge did not conduct the waiver inquiry required by Md.Rule 4-215 and the hearing proceeded without Petitioner having the benefit of counsel. A representative of the Division of Probation and Parole testified concerning Petitioner's sporadic attendance at the alcohol clinic to which he had been assigned, and Petitioner offered an unsworn statement of explanation for his absences and a plea for mercy. Near the conclusion of the proceeding, the probation officer advised the court that a charge of "driving while suspended" was pending against the Petitioner in that court and would be heard on May 30, 1985. Thereupon, the trial judge said:
Okay. There's no question you are in violation, Robert, and the court finds you in violation; and will defer any sanctions pending a hearing on that new charge.
On February 6, 1986, the state's attorney filed a supplemental petition, adding to the charge of violation of probation the allegation that Petitioner had been convicted of the crime of uttering. One week later the public defender entered his appearance on behalf of Petitioner.
The hearing resumed on 14 April 1986, and the probation officer testified that the Petitioner had recently been convicted of the offense of uttering. On cross-examination, Petitioner's counsel was able to show that Petitioner's probation had expired in March of 1985, and that the uttering offense occurred on 12 May 1985. Having effectively disposed of the charge contained in the supplemental petition Petitioner's counsel turned his cross-examination to the sole remaining charge 1 of failure to receive alcohol therapy. That cross-examination was abruptly terminated, however, when the trial judge interrupted and the following colloquy took place:
The message of the trial judge was clear, and was understood by Petitioner's counsel. The charge of violation of probation for failure to receive alcohol therapy had been fully adjudicated at the earlier proceeding, and was not an open issue--all that remained was the question of disposition.
The Court of Special Appeals, in an unreported opinion, acknowledged that the record failed to disclose compliance with Md.Rule 4-215, and that the failure of the record to demonstrate an informed waiver of counsel ordinarily would require reversal. That court found, however, that the error...
To continue reading
Request your trial-
Broadwater v. State
...procedure that must be followed by the trial court in order for there to be a knowing and intelligent waiver. Vincenti v. State, 309 Md. 601, 604, 525 A.2d 1072, 1074 (1987); Fowlkes, 311 Md. at 609, 536 A.2d at 1161. Whether the defendant's waiver is expressly made to the judge by requesti......
-
McCracken v. State
...order for there to be a knowing and intelligent waiver." Johnson v. State, 355 Md. 420, 444, 735 A.2d 1003 (1999) (Vincenti v. State, 309 Md. 601, 604, 525 A.2d 1072 (1987); Fowlkes v. State, 311 Md. 586, 609, 536 A.2d 1149 (1988)). The Johnson Court further explained that "[w]hether the de......
-
DeWolfe v. Richmond
...because the indigent defendant was denied the right to appointed counsel in a civil contempt proceeding); Vincenti v. State, 309 Md. 601, 604, 525 A.2d 1072, 1074 (1987) (Constitutional right to counsel attaches to probation revocation proceedings which are civil proceedings in Maryland); P......
-
Johnson v. State
...procedure that must be followed by the trial court in order for there to be a knowing and intelligent waiver. Vincenti v. State, 309 Md. 601, 604, 525 A.2d 1072, 1074 (1987); Fowlkes, 311 Md. at 609, 536 A.2d at 1161. Whether the defendant's waiver is expressly made to the judge by requesti......