Summary
In State v. Bartlett, 267 Md. 530, the Court of Appeals adopted the opinion of this court in Bartlett v. State, supra. Bartlett dealt with an instance where a guilty plea had initially been offered by the ultimate probationer without verdict.
Summary of this case from Stevens v. StateOpinion
[No. 129, September Term, 1972.]
Decided January 3, 1973.
PROBATION — Probation Without Verdict — Probation Without Finding Of Guilt Amounts To Rejecting Or Striking Of Plea Of Guilty Or Nolo Contendere Already Entered To Offense Charged — Maryland Law Authorizes Probation Only Before Verdict Or Upon Suspension Of Sentence. pp. 531-532
PROBATION — Probation Without Verdict — It Is Not Proper To Make A Finding Of "Probation Without Verdict" As To Offense Charged And At Same Time Impose A Pecuniary Penalty Or Fine For That Offense As Both Actions Are Inconsistent With Each Other — A Fine, Penalty Or Charge Payable To State May Only Be Imposed Upon Accused If There Is A Finding Of Guilt, Either After Trial Or Upon Valid Pleas Of Guilty Or Nolo Contendere — Such An Imposition Is Inconsistent With Granting Of Probation Without Finding A Verdict. pp. 531-532
PROBATION — Probation Without Finding Verdict — Procedure — Revocation of Probation — Procedurally, When Judge Concludes To Place Accused On Probation Without Finding A Verdict, There Must Be An Indictment Or A Charging Document And There May Be A Plea Of Not Guilty, But There May Not Be A Plea Of Guilty Or Of Nolo Contendere — Should There Be Either, Judge Should Grant Leave To Withdraw It, Or Should Order It Stricken — Only Then Is Case In Proper Posture For Placing Accused On Probation Without Finding A Verdict — Upon A Valid Revocation Of Probation At A Subsequent Hearing, Case Reverts To Its Status At Time Probation Was Granted And Determination Of Guilt, By Plea Or Trial, Must Follow Before Any Sentence May Be Imposed — Under Circumstances In Instant Case, Order Striking Probation Was Affirmed, Entry Of Verdict On Plea Of Guilty Was Reversed And Sentence Was Vacated And Case Remanded For Further Proceedings. pp. 531-532
(See opinion 15 Md. App. 234 (1972).)
Certiorari to the Court of Special Appeals of Maryland.
Petition for writ of certiorari granted where the Court of Special Appeals affirmed the order of the lower court striking probation but reversed the entry of a verdict on the plea of guilty and vacated the sentence imposed.
Order of April 24, 1972, of the Court of Special Appeals affirmed.
The cause was argued before BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.
David H. Feldman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Edward F. Borgerding, Assistant Attorney General, on the brief, for appellant.
Donald P. McLaughlin submitted on brief filed in the Court of Special Appeals for appellee.
We granted a writ of certiorari on June 30, 1972, directed to the Court of Special Appeals to review the decision of that court in No. 556 of its September 1971 Term, filed April 24, 1972, entitled "James Bartlett, II v. State of Maryland," and its mandate providing that the Order of October 18, 1971, of the Circuit Court for Prince George's County (Taylor, J.) striking out Mr. Bartlett's probation be affirmed; that the entry of a verdict on his plea of guilty be reversed; the sentence be vacated, and the case remanded for further proceedings in accordance with the opinion of the Court of Special Appeals.
After hearing argument of counsel for the parties and considering the briefs and the record in the case, we have concluded that the decision of the Court of Special Appeals in this case was correct for the reasons set forth in the opinion of Judge Jerrold V. Powers for that court, in Bartlett v. State, 15 Md. App. 234, 289 A.2d 843 (1972), supra; and we adopt that opinion as the opinion of this Court in the present case.
Order of April 24, 1972, of the Court of Special Appeals affirmed.