Webb v. State
| Decision Date | 10 June 2002 |
| Docket Number | No. 1237,1237 |
| Citation | 144 Md. App. 729,800 A.2d 42 |
| Parties | Virgil O. WEBB v. STATE of Maryland. |
| Court | Court of Special Appeals of Maryland |
Margaret L. Lanier, Assistant Public Defender (Stephen E. Harris, Public Defender, on the brief) Baltimore, for appellant.
Diane E. Keller, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General and Patricia Jessamy, State's Attorney for Baltimore City, on brief) Baltimore, for appellee.
Submitted before HOLLANDER, JAMES R. EYLER, and SONNER, JJ.
Virgil O. Webb, appellant, was convicted by a jury in the Circuit Court for Baltimore City of possession of cocaine with intent to distribute, possession of cocaine, possession of marijuana with intent to distribute, and possession of marijuana. After merger, the court sentenced appellant to ten years' imprisonment without the possibility of parole for possession of cocaine with intent to distribute, and five years' imprisonment for possession of marijuana with intent to distribute, to be served concurrently. Appellant raises the following issues on appeal:
We answer the first question in the affirmative and, as a result, do not reach the second question.
On March 14, 2001, appellant made his initial appearance in circuit court. Appellant was not represented by counsel. The following colloquy occurred:
[The Court:] Do you [appellant] have a lawyer, sir? [Appellant:] Not today, Your Honor.
[The Court:] Are you familiar with the charges against you?
[Appellant:] Yes, sir.
[The Court:] Do you want those charges read to you word for word? Sir?
[Appellant:] Yes.
[The Court:] Yes, you do?
[Appellant:] Yes.
[The Court:] Okay, would you [State's Attorney] read the charges.
[The State:] [Appellant], you are charged that on December 31, 2000 at the Crismere Avenue, as observed by Officer John Brickhaus—in Count One you did possess cocaine with the intent to distribute it. In violation of Article 27, Section 286, the maximum penalty for that offense is a $25,000 fine and 20 years in prison. The Second Count you are charged with unlawful possession of cocaine in violation of Article 27, Section 287, that's a misdemeanor with a penalty of $25,000 and four years in prison. You're also charged in Count Three with possession of marijuana with the intent to distribute that and in violation of Article 27, Section 286, that is a felony with a penalty of $15,000 and five years in prison, and in the Fourth Count you are charged with unlawful possession of marijuana and in violation of Article 27, Section 287, with a maximum penalty of $1,000 fine and one year in prison.
[The Court:] Is [appellant] subject to any enhancements?
[The State:] No, Your Honor.
[The Court:] Okay. [Appellant] as you've just heard, you face serious charges. The maximum sentence for just one charge is up to 20 years in prison and a $25,000 fine. So a lawyer can be very helpful to you in preparing information for the Court to consider. You can have either a private lawyer or the Public Defender. If you want the Public Defender you've got to apply to them and if you qualify, they will appoint someone to represent you. If you don't qualify or you just want to hire a private lawyer, you are responsible for making those arrangements yourself. Do you understand sir?
[Appellant:] Yes, sir.
[The Court:] In a moment we are going to give you a trial date. Please appear on that date with your lawyer. If you come to Court on a trial day without an attorney, the Court can decide that you've given up the right to be represented, you could be forced to go to trial without a lawyer, representing yourself. Do you understand that sir?
[Appellant:] Yes, sir.
The judge signed a form titled "Notification of Right to Counsel And Potential Consequences of Failure to Obtain Counsel" (Notice Form). The Notice Form contained an introduction, eight paragraphs, and a conclusion, each corresponding to a specific subpart of Rule 4-215(a).1 Appellant signed the form and received a copy.
On June 8, 2001, appellant appeared in circuit court for trial before another judge. Appellant was without counsel, and the following colloquy occurred:
[Appellant:] (No verbal response).
[The Court:] All right. He told you you had the right to be represented by a lawyer at every stage of the proceedings, is that correct?
[Appellant:] (No verbal response).
[The Court:] All right. Number three, he told you a lawyer could give you important assistance in determining whether there may be defenses to the charges of circumstances and mitigation thereof in preparing for or representing your trial, is that correct sir? He did that?
[Appellant:] Yes.
[The Court:] All right. Number four, he told you even if you intend to plead guilty a lawyer may be of substantial assistance in obtaining and developing information which could affect the sentence or other disposition, is that correct?
[Appellant:] Yes, Your Honor.
[The Court:] Number five, he told [you] if you desire a lawyer you must hire a lawyer and have a lawyer enter an appearance by June 8th. That if a lawyer does not enter an appearance a plea of not guilty will be entered on your behalf. He told you that, is that right?
[Appellant:] (No verbal response).
[The Court:] All right. Number six, he told you if you are financially unable to hire a lawyer you should apply to the Public Defender as soon as possible for determination of eligibility and have a lawyer provided for you by the Public Defender. Remember him telling you that?
[Appellant:] Yes.
[The Court:] All right. Number seven, he told you if the Public Defender refuses to provide a lawyer you should immediately notify the Clerk of the Court so the Court can determine whether you should be appointed a lawyer pursuant to Article 27A, Section 6(f) of the Maryland Code. Do you remember that?
[Appellant:] Yes, Your Honor.
[The Court:] And most importantly he told you number eight, if you appear for trial without a lawyer the Court could determine that you have waived the right to have a lawyer by neglecting or refusing to retain a lawyer or to make timely application to the Public Defender for a lawyer and then the case would proceed to trial even though you are not represented by a lawyer. Do you remember that?
[Appellant:] Yes.
[The Court:] And then on March 14th he satisfied himself that you had the intelligence and the capacity to appreciate the consequences of a decision not to employ a lawyer or to make timely application to the Public Defender for a lawyer and that you fully comprehend all of the matters. Do you remember that?
[Appellant:] (No verbal response).
Appellant elected to be tried by a jury, and the court explained the function of pre-trial motions. After hearing testimony, the court denied appellant's motion to suppress the evidence seized by police. Appellant pled not guilty and again elected a jury trial. On June 11, 2001, appellant failed to appear on time for trial, and the court ordered that he be held without bail and rescheduled the trial date. A jury trial was conducted, beginning on June 13, 2001. Appellant was not represented by counsel. He was found guilty of all charges.
Maryland Rule 4-215, in pertinent part, provides:
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