Godwin v. State
Godwin v. State
Opinion of the Court
delivered the opinion of the Court.
The appellant, Roland Neville Godwin, was convicted by a Prince George’s County jury, presided over by Judge Jacob S. Levin, of three counts of first-degree murder, four counts
The appellant, along with two codefendants, was convicted of gangland-style kidnappings and executions directed initially at four victims and fully consummated with respect to three of those victims. With respect to each of the three victims who was ultimately executed — Alvin Jones, Anthony Cunningham and David Dock — convictions were obtained for murder in the first degree, kidnapping and the use of a handgun in the commission of a crime of violence. With respect to the intended victim who was ultimately permitted to go free by his captors — Ronald Swayne — convictions were obtained simply for kidnapping and the use of a handgun in the commission of a crime of violence. Those two convictions, wherein the victim was Ronald Swayne, are unaffected by anything in the Court of Appeals’ order and as to them, the judgments below remain affirmed.
As in the Jones case, supra, a remand is in order with the State having the option of 1) retrying the appellant on the three murders and related kidnappings in an effort to obtain consecutive sentences or 2) allowing the kidnapping convictions to be vacated and deemed merged into the respective murder convictions. If the State should decide that it is content with “a bird in hand,” our direction to the court below is to vacate the convictions and sentences on those
A word is in order about leaving the convictions and sentences for the handgun offenses undisturbed. In the first place, the legal sufficiency of the evidence to support the handgun convictions is; not disputed. The Court of Appeals’ order does not disturb one whit the findings upon the merits that three murders (crimes of violence) were committed with handguns and that three kidnappings (also crimes of violence) were also committed with handguns. The undisturbed convictions for murder alone serve as ample predicates for the handgun convictions
With respect to the three murder charges and the three related kidnapping charges, we remand them to the Circuit Court for Prince George’s County for further proceedings. The State may, if it is so inclined, elect to retry the appellant for both the murders and the underlying kidnappings. In such event, the jury should be instructed in accordance with State v. Frye and Jones v. State, 283 Md. 709, 393 A. 2d 1372 (1978)
Judgments as to Counts 22 and 25 (charging kidnapping and the use of a handgun with respect to the victim Swayne) affirmed; judgments as to Counts 7, U and 21 (the handgun counts with respect to the other three victims) affirmed; judgments as to Counts 3, 10 and 17 (charging the three murders) and Counts 11 and 18 (charging the. three related kidnappings) vacated and remanded for further proceedings; costs to be paid by Prince George's County.
. A conviction for the use of a handgun in the commission of a crime of violence may stand upon its own legs, of course, even in the face of an acquittal on the merits for the actual '“crime of violence” itself. Ford v. State, 274 Md. 546.
. Even if the handgun charges were tied exclusively to the kidnappings as their predicates and even if Ford v. State, infra, did not permit the handgun charges to stand independent of the fate of the kidnapping charges, sound reasoning still would not dictate vacating them in a case such as this. In a merger situation such as that mandated by Newton v. State, infra, the convictions for the underlying felonies are vacated not because, upon the merits, those felonies did not occur but for the very opposite reason that those felonies did occur and are, as lesser included offenses, subsumed into the greater offenses so as to avoid double punishment. Even if consistency between verdicts were demanded, therefore, the factual predicate for the handgun offense is not wiped out where the crime of violence is merged into a greater offense, in contrast to the very different situation where the crime of violence has been found, upon the merits, not to have occurred. We look to the substance of what happens and not the mere form. Every vacating
. In view of the stark realities of parole consideration, wherein ostensibly lengthy sentences rapidly pass a point of diminishing returns, the strategic wisdom of opting for some nominal victory in terms of sentence at the risk of Pyrrhic victory in terms of mind-boggling confusion and opportunity for error as illustrated by this case and Jones and Frye would appear highly questionable. The decision, however, is in the unfettered discretion of the State’s Attorney’s Office.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.