State v. Brown
State v. Brown
Opinion
In the words of journalist Doug Larson: "To err is human; to admit it, superhuman." 1
On occasion, in a criminal case, a trial court may make a mistake when announcing a sentence; in other words, the trial court might announce a sentence that differs from the one that the trial court intended to impose. Maryland Rule 4-345(c) contemplates such a circumstance, stating: "The court may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding."
This is the first case in which this Court has been called upon to interpret Maryland Rule 4-345(c). Specifically, we are asked to determine what constitutes "an evident mistake in the announcement of a sentence" under Maryland Rule 4-345(c). We are also asked to ascertain the circumstances under which an appellate court may determine that a trial court has corrected such a mistake under Maryland Rule 4-345(c).
In the Circuit Court for Baltimore City, the State, Petitioner, charged Andrew Brown, Respondent, with several crimes that arose out of the attempted armed robberies and nonfatal shooting of William Rich and Demaris Glover. A jury found Brown guilty of, among other crimes, attempted robbery with a dangerous weapon as to Rich and Glover, conspiracy to rob with a dangerous weapon as to Rich and Glover, and use of a handgun in the commission of a crime of violence.
At a sentencing proceeding, the circuit court imposed three concurrent sentences of twenty years of imprisonment, with all but ten years suspended, followed by two years of supervised probation, for attempted robbery of Rich with a dangerous weapon, 2 conspiracy to rob Rich with a dangerous weapon, and attempted robbery of Glover with a dangerous weapon. In the same proceeding, the circuit court announced Brown's sentences as to conspiracy to rob Glover with a dangerous weapon and use of a handgun in the commission of a crime of violence as follows:
Count 10, conspiracy to rob with a dangerous weapon as to [ ] Glover, the sentence of the Court is 20 years, suspend all but time served, place him on two years supervised probation .... Count 19, use of a handgun in the commission of a felony or crime of violence, 10 years to the [Division] of Correction[ ], first five without parole, will run consecutive to Count 10.
(Emphasis added). After the circuit court announced Brown's sentences, Brown asked: "Count 19, that's to be run consecutive?" The circuit court responded:
Right. So what happens is, basically you got a 20 year sentence, suspend all but 10 and then the handgun, use of a handgun in a crime of violence runs consecutive so once you finish the -- and you got to do at least five years without parole on that[.]
(Emphasis added). Shortly afterward, Brown's counsel stated: "So you have 20 years to serve; right?" The circuit court responded: "20 years suspend all but 10. Well, 20, yeah, altogether[.]" The commitment record, probation order, and docket entries indicate that the circuit court sentenced Brown to twenty years of imprisonment, with all but ten years suspended, followed by two years of supervised probation, for conspiracy to rob Glover with a dangerous weapon (Count 10).
Brown appealed, and the Court of Special Appeals affirmed his convictions, but remanded with instructions to amend the commitment record, probation order, and docket entries to reflect that the circuit court sentenced Brown to twenty years of imprisonment, with all but time served suspended, followed by two years of supervised probation, for conspiracy to rob Glover with a dangerous weapon.
See
Andrew Brown v. State
, No. 1581, Sept. Term, 2017,
The State contends that the Court of Special Appeals erred in determining that the circuit court sentenced Brown to twenty years of imprisonment, with all but time served suspended, for conspiracy to rob Glover with a dangerous weapon. The State argues that the circuit court's use of the term "time served" was, under Maryland Rule 4-345(c), "an evident mistake in the announcement of" Brown's sentence for conspiracy to rob Glover with a dangerous weapon. The State asserts that the circuit court intended to say "ten years" instead of "time served." The State maintains that, under Maryland Rule 4-345(c), the circuit court corrected the evident mistake by later making informal statements that were seemingly inconsistent with the circuit court having sentenced Brown to twenty years of imprisonment, with all but time served suspended, for conspiracy to rob Glover with a dangerous weapon. Brown responds that the circuit court did not make an evident mistake in the announcement of that sentence, and that, to correct an evident mistake in the announcement of a sentence under Maryland Rule 4-345(c), a trial court must do so expressly-and the circuit court did not. We conclude that, for a "mistake in the announcement of a sentence" to be "evident" under Maryland Rule 4-345(c), the mistake must be clear or obvious. Where a trial court has imposed a sentence that is merely unusual or anomalous compared to other sentences that the trial court imposed during the same sentencing proceeding, that circumstance alone does not establish that the trial court made an evident mistake in the announcement of a sentence under Maryland Rule 4-345(c). An appellate court may determine a trial court to have corrected an evident mistake in the announcement of a sentence under Maryland Rule 4-345(c) where the trial court acknowledges that it made a mistake in the announcement of a sentence, and indicates that it is correcting that mistake. Where a trial court merely discusses a sentence in a manner that could be construed as inconsistent with the announcement of the sentence, that discussion alone does not constitute a correction of an evident mistake in the announcement of a sentence under Maryland Rule 4-345(c).
Applying our holdings to this case's facts, we conclude that, under Maryland Rule 4-345(c), the circuit court did not make an evident mistake in the announcement of Brown's sentence for conspiracy to rob Glover with a dangerous weapon. Brown's sentence for conspiracy to rob Glover with a dangerous weapon was unusual or anomalous, as it appears to be inconsistent with Brown's sentences for attempted robbery of Rich with a dangerous weapon, conspiracy to rob Rich with a dangerous weapon, and attempted robbery of Glover with a dangerous weapon. The record of the sentencing proceeding, however, falls far short of demonstrating that the circuit court made an evident- i.e. , clear or obvious-mistake in the announcement of Brown's sentence for conspiracy to rob Glover with a dangerous weapon, or that the circuit court intended to suspend all but ten years, as opposed to time served, as to conspiracy to rob Glover with a dangerous weapon. In addition to the record not demonstrating that the circuit court made an evident mistake in the announcement of Brown's sentence for conspiracy to rob Glover with a dangerous weapon, the record does not demonstrate that the circuit court corrected a mistake under Maryland Rule 4-345(c). At no point did the circuit court acknowledge that it had made a mistake in the announcement of Brown's sentence for conspiracy to rob Glover with a dangerous weapon, or indicate that it was correcting such a mistake.
BACKGROUND
Glover's Trial Testimony
Although this case's facts are not dispositive of the issues that are before this Court, we set forth the following summary.
At trial, as a witness for the State, Glover testified that, on January 18, 2017, at approximately 10 or 11 p.m., he went to Horseshoe Casino in Baltimore City. Glover gambled for approximately an hour, after which Rich, 3 a friend of his, met with him. Glover and Rich gambled for a few hours. At approximately 3 or 4 a.m., Glover and Rich went to a bar in the casino. There, two women, whom Glover did not recognize, approached him and Rich. The four of them talked to each other, and initially agreed to go to Glover's residence. But, after the four of them left the casino and went to a nearby gas station, they agreed to go to the women's residence instead.
The four of them went to a house on Sterrett Street and went inside. Eventually, there was a knock on the front door, and one of the women opened it. Brown and another man entered the house. Brown was holding a handgun, and said: "You know what it is. [ 4 ] Give it up." Brown fired in Glover's direction, and the bullet grazed the top of his head and struck Rich in his leg or back. Glover hit Brown's arm, and Brown dropped the handgun. Glover and Brown struggled for the handgun. Glover got ahold of the handgun and ran out of the house. Once outside, Glover fell and dropped the handgun. Brown ran out of the house, and he and Glover struggled for the handgun again. Glover repeatedly struck Brown with the handgun, which fell apart. Glover ran to a friend's house on Wyeth Street. Eventually, an ambulance transported Glover to University of Maryland Medical Center, where he was treated for the bullet wound in his head.
Guilty Verdicts and Sentencing Proceeding
The jury found Brown guilty of attempted robbery with a dangerous weapon as to Rich and Glover (Counts 7 and 8, respectively), conspiracy to rob with a dangerous weapon as to Rich and Glover (Counts 9 and 10, respectively), use of a handgun in the commission of a crime of violence (Count 19), wearing, carrying, or transporting a handgun (Count 20), second-degree assault as to Glover (Count 22), conspiracy to commit second-degree assault as to Rich and Glover (Counts 23 and 24, respectively), and reckless endangerment as to Rich and Glover (Counts 25 and 26, respectively). 5
At a sentencing proceeding, the circuit court announced Brown's sentences as follows:
Count 7, attempted robbery with a dangerous weapon as to [ ] Rich, the sentence of the Court is 20 years to the [Division] of Correction[ ]. I'm going to suspend all but 10 years, place the defendant on supervised probation upon his release. As to Count 25, reckless endangerment as to [ ] Rich, the sentence of the Court is five years to the [Division] of Correction[ ], that will run concurrent to Count 7. As to Count 9, conspiracy to rob with a dangerous weapon as to [ ] Rich, the sentence of the Court is 20 years to the [Division] of Correction[ ]. I'm going to suspend all but 10 years and place him on two years supervised probation to run concurrent with Count 25. As to Count 17, conspiracy to assault in the second degree of [ ] Rich, 6 that count will merge with Count 9. As to Count 8, attempted robbery with a dangerous weapon as to [ ] Glover, the sentence of the Court is 20 years to the [Division] of Correction[ ], suspend all but 10 years and place the defendant on two years supervised probation, that will run concurrent with Count 9. As to Count 22, assault in the second degree as to [ ] Glover, that will merge with Count 8. As to Count 26, reckless endangerment of [ ] Glover, five years to the [Division] of Correction and will run concurrent to Count 8. Count 10, conspiracy to rob with a dangerous weapon as to [ ] Glover, the sentence of the Court is 20 years, suspend all but time served, place him on two years supervised probation to run concurrent to Count 26. Count 24, conspiracy to assault in the second degree of [ ] Glover will merge with Count 10. Count 19, use of a handgun in the commission of a felony or crime of violence, 10 years to the [Division] of Correction[ ], first five without parole, will run consecutive to Count 10. Count 20, carrying a handgun openly or concealed about his person will merge with Count 19.
(Emphasis added).
For clarity, we set forth the following table, which lists all of Brown's sentences as the circuit court announced them, and omits the convictions that the circuit court merged for sentencing purposes:
Crime: Sentence: Attempted Robbery of 20 years of imprisonment, with all but 10 years suspended, Rich with Dangerous followed by 2 years of supervised probation Weapon (Count 7) Reckless Endangerment 5 years of imprisonment, concurrent with sentence as to of Rich (Count 25) Count 7 Conspiracy to Rob Rich 20 years of imprisonment, with all but 10 years suspended, with Dangerous Weapon followed by 2 years of supervised probation, concurrent (Count 9) with sentence as to Count 25 Attempted Robbery of 20 years of imprisonment, with all but 10 years suspended, Glover with Dangerous followed by 2 years of supervised probation, concurrent Weapon (Count 8) with sentence as to Count 9 Reckless Endangerment 5 years of imprisonment, concurrent with sentence as to of Glover (Count 26) Count 8 Conspiracy to Rob 20 years of imprisonment, with all but time served Glover with Dangerous suspended, followed by 2 years of supervised probation, Weapon (Count 10) concurrent with sentence as to Count 26 Use of Handgun in 10 years of imprisonment, first 5 of which to be served Commission of Crime of without parole, consecutive to sentence as to Count 10 Violence (Count 19)
After the circuit court announced Brown's sentences, his counsel advised him of the right to appeal, to move for reconsideration or modification of his sentences, and to apply for a review of his sentences. Immediately afterward, the following exchange occurred:
THE COURT: Do you understand your sentence, sir?
[ ] BROWN: Yes, ma'am, so --
THE COURT: Okay.
[ ] BROWN: -- I mean, I do have one question.
THE COURT: Sure.
[ ] BROWN: Count 19, that's to be run consecutive?
THE COURT: Right. So what happens is, basically you got a 20 year sentence, suspend all but 10 and then the handgun, use of a handgun in a crime of violence runs consecutive so once you finish the -- and you got to do at least five years without parole on that which, you know, they calculate that down for you, I'm not going to tell you it's not five years, it used to be three and a half, I'm not going to even start that with you because they'll calculate all of this out for you. Okay?
[ ] BROWN: Okay.
THE COURT: So and then you will be on probation to me for two years once you're released. Okay?
[ ] BROWN: Okay.
[BROWN'S COUNSEL]: So you have 20 years to serve; right?
THE COURT: 20 years suspend all but 10. Well, 20, yeah, altogether --
[BROWN'S COUNSEL]: 20 years to serve, yes.
THE COURT: Yes, but it won't be 20[.]
[BROWN'S COUNSEL]: And whatever they calculate on that.
THE COURT: Yeah, whatever they calculate. Do you understand that?
[ ] BROWN: (Nodding head in agreement.)
(Emphasis added).
The commitment record, probation order, and docket entries indicate that the circuit court sentenced Brown to twenty years of imprisonment, with all but ten years suspended, followed by two years of supervised probation, for conspiracy to rob Glover with a dangerous weapon. Specifically, the commitment record states that Brown's sentence for that crime was "20 yrs [suspend all but] 10 years[.]" The probation order states that Brown's sentence for that crime was "20 YR [SUSPEND ALL BUT] 10 YRS[.]" And the docket entries state that Brown's sentence for that crime was "20 YRS[,]" with "10 YRS" suspended. 7
Opinion of the Court of Special Appeals
Brown appealed, and the Court of Special Appeals affirmed his convictions, but remanded with instructions to correct the commitment record, probation order, and docket entries to reflect that the circuit court sentenced Brown to twenty years of imprisonment, with all but time served suspended, followed
by two years of supervised probation, for conspiracy to rob Glover with a dangerous weapon.
See
Brown
,
The Court of Special Appeals rejected the State's contention that, under Maryland Rule 4-345(c), the circuit court had corrected Brown's sentence for conspiracy to rob Glover with a dangerous weapon by stating, in response to Brown's question, that he would "basically [get] a 20 year sentence, suspend all but 10 and then the handgun, use of a handgun in a crime of violence runs consecutive[.]" Id. The Court of Special Appeals explained that the circuit court's statement did not constitute a correction of Brown's sentence for conspiracy to rob Glover with a dangerous weapon because, "[a]t best, the [circuit] court's statement[ ], which did not even indicate the conviction or count to which the [circuit] court was referring, casts some doubt over the [circuit] court's intentions with regard to [Brown's] sentence" for conspiracy to rob Glover with a dangerous weapon. Id.
Petition for a Writ of Certiorari
The State petitioned for a writ of certiorari , raising the following two issues:
1. Does an announced sentence that is anomalous in context qualify as an "evident mistake" that is subject to correction under Maryland Rule 4-345(c) ?
2. Can statements regarding the defendant's aggregate sentence serve under Maryland Rule 4-345(c) to "correct" a mistake in the announcement of a sentence on an individual count?
This Court granted the petition.
See
Brown
,
DISCUSSION 8
The Parties' Contentions
The State contends that the Court of Special Appeals erred in concluding that the circuit court sentenced Brown to twenty years of imprisonment, with all but time served suspended, for conspiracy to rob Glover with a dangerous weapon. The State argues that the circuit court made an evident mistake in announcing Brown's sentence for conspiracy to rob Glover with a dangerous weapon because sentencing Brown to twenty years, with all but time served suspended, was an unexplained departure from the three identical concurrent sentences of twenty years, with all but ten years suspended, that the circuit court imposed for attempted robbery of Rich with a dangerous weapon, conspiracy to rob Rich with a dangerous weapon, and attempted robbery of Glover with a dangerous weapon. The State asserts that, because the circuit court made the ten-year sentence for use of a handgun in the commission of a crime of violence consecutive to the sentence for conspiracy to rob Glover with a dangerous weapon, the circuit court intended to sentence Brown to twenty years, with all but ten years suspended, for conspiracy to rob Glover with a dangerous weapon. The State maintains that the circuit court corrected Brown's sentence for conspiracy to rob Glover with a dangerous weapon after it announced the sentence.
Brown responds that, to "correct an evident mistake in the announcement of a sentence" under Maryland Rule 4-345(c), a trial court must do so expressly-and the circuit court did not. Brown argues that, even if Maryland Rule 4-345(c) allows a trial court to implicitly correct an evident mistake in the announcement of a sentence, there was no evident mistake in the announcement of his sentence for conspiracy to rob Glover with a dangerous weapon.
Standard of Review
An appellate court reviews without deference the legal questions of whether a trial court made "an evident mistake in the announcement of a sentence" under Maryland Rule 4-345(c), and whether the trial court corrected such a mistake under Maryland Rule 4-345(c).
Maryland Rule 4-345(c) and Its Rulemaking History
Maryland Rule 4-345(c) states: "The court may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding."
Maryland Rule 4-345 has not always included language regarding "an evident mistake in the announcement of a sentence." On April 6, 1984, this Court adopted former Maryland Rule 4-345, which stated in its entirety:
(a) Illegal Sentence. - The court may correct an illegal sentence at any time.
(b) Modification or Reduction - Time for. - The court has revisory power and control over a sentence upon a motion filed within 90 days after its imposition (1) in the District Court, if an appeal has not been perfected, and (2) in a circuit court, whether or not an appeal has been filed. The court may modify or reduce or strike, but may not increase the length of, a sentence. Thereafter, the court has revisory power and control over the sentence in case of fraud, mistake, or irregularity, [ 9 ] or as provided in section (d) of this Rule.
(c) Open Court Hearing. - The court may modify, reduce, or vacate a sentence only on the record in open court after notice to the parties and an opportunity to be heard.
(d) Desertion and Non-support Cases. - At any time before expiration of the sentence in a case involving desertion and non-support of spouse, children or destitute parents, the court may modify, reduce, or vacate the sentence or place the defendant on probation under the terms and conditions the court imposes.
On October 5, 1992, more than eight years after adopting former Maryland Rule 4-345, this Court first adopted an amendment to former Maryland Rule 4-345 ; the amendment permitted a trial court to correct an evident mistake in the announcement of a sentence. Two cases that were decided in the interim prompted this Court to request that the Standing Committee on Rules of Practice and Procedure ("the Rules Committee") propose amendments to former Maryland Rule 4-345. The first case was
State v. Sayre
,
The Court of Special Appeals vacated the defendant's new, consecutive sentence, and reinstated his original, concurrent one.
See
that[,] under [former Maryland] Rule 4-345(b), once sentence has been imposed, there can be no inquiry into intention or inadvertence. The sentence, for [former Maryland] Rule 4-345(b) ['s] purposes, stands as pronounced. Like any bright[-]line rule, this holding may produce occasional hardship for the State, but it will avoid difficult questions of subjective intent[,] and should encourage trial [court]s to use great care in pronouncing sentence[-]an obviously desirable practice.
[W]hile to permit correction of a slip of the tongue is not necessarily undesirable, to allow a [trial court that] has [ ] made a sentencing decision to change [its] mind in a manner [that is] adverse to the defendant is.... [T]he latter situation carries with it too many possibilities of vindictiveness. Furthermore, it is not always easy to distinguish between a[ ] slip of the tongue and a [ ] change of mind.
In a dissenting opinion, Judge Lawrence F. Rodowsky noted that this Court did "not question that the sentence [that was] first pronounced by the trial [court] clearly resulted from misspeaking."
A subsequent case,
Simpkins
,
The Court of Special Appeals vacated the victim's father's new, twenty-five-year sentence, and remanded with instruction to reinstate his original, five-year one.
See
In a concurring opinion, Judge Diana Gribbon Motz stated that she agreed with the Court of Special Appeals's determination that
Sayre
"prevent[ed it] from upholding the" victim's
father's new, twenty-five-year
sentence.
Simpkins
,
I write separately only to suggest that this case may present an excellent opportunity for the Court of Appeals to reconsider ... Sayre . It is, to me, unconscionable that the [trial court]'s inadvertent mistake, corrected within ten minutes, should prevent [the victim's father] from receiving the punishment that he so clearly deserves.
Simpkins
,
[The victims' parents] were tried, convicted[,] and then sentenced together. Of the two, [the victim's mother], even though erratic, irresponsible, and cavalier in her treatment of [the victim], at least showed more concern than [ ] the [victim]'s father. Accordingly, it seems inconceivable that the [trial court] intended to sentence [the victim's mother] to twenty years [of] imprisonment[,] and[,] at the very same time, in [ ] virtually the same breath, sentence [the victim's father] to only five years [of] imprisonment.
Simpkins
,
The Sayre majority's rigid interpretation of [former] Maryland Rule 4-345(b), as pointed out by Judge Rodowsky[ ] in dissent, makes sense when "some appreciable period of time from the imposition of the sentence" has passed. [ Sayre , 314 Md.] at 570, 552 A.2d [at 558 ] (Rodowsky, J. dissenting). Imposition of this bright[-]line rule, however, is harsher than necessary or appropriate when there has been no lapse of an appreciable period of time[,] and it is clear that the [trial court] simply seeks to correct an obvious mistake in sentencing.
Simpkins
,
The State petitioned for a writ of
certiorari
in
Simpkins
.
See
Simpkins
,
The Chair proposed amending former Maryland Rule 4-345(b) and (c) as follows (new language is underlined, deleted language is struck through):
(b) Modification or Reduction - Time for. - The court has revisory power and control over a sentence upon a motion filed within 90 days after its imposition (1) in the District Court, if an appeal has not been perfected, and (2) in a circuit court, whether or not an appeal has been filed.The court may modify or reduce or strike, but may notincrease the length of, a sentence.Thereafter, the court has revisory power and control over the sentence in case of fraud, mistake, or irregularity, or as provided in section (d) of this Rule. The court may not increase a sentence after the sentence has been imposed, except that it may correct an evident mistake in the announcement of a sentence if the correction is made prior to the end of the day on which the sentence is imposed.
(c) Open Court Hearing. - The court may modify, reduce, correct, or vacate a sentence only on the record in open court after notice to the parties and an opportunity to be heard.
The Chair stated that the only purpose of the proposed amendments to Maryland Rule 4-345(b) and (c) was "to alleviat[e] the Sayre problem"- i.e. , to make clear "how much time a [trial court] should have to change a sentence if [it] erred." The Chair observed that, in Sayre and Simpkins , the trial courts learned of the mistakes in the announcements of the sentences within minutes. The Chair stated that he did not know of a case in which, in contrast to Sayre and Simpkins , a mistake in the announcement of a sentence "was recognized much later in the day. Usually[,] it is a matter of a slip of the tongue." One of the Rules Committee's members moved to change the proposed amendments to Maryland Rule 4-345(b) so that a trial court could correct an evident mistake in the announcement of a sentence up until the parties left the courtroom. The motion was seconded, and unanimously passed.
On June 29, 1992, the Rules Committee submitted its 120th Report to this Court. In the introduction to the Report, the Chair noted that the Rules Committee was proposing amendments to former Maryland Rule 4-345 "at the request of" this Court "in light of" Sayre . In the body of the Report, the Rules Committee proposed amending former Maryland Rule 4-345(b) and (c) as follows (new language is underlined, deleted language is struck through):
(b) Modification or Reduction - Time for. - The court has revisory power and control over a sentence upon a motion filed within 90 days after its imposition (1) in the District Court, if an appeal has not been perfected, and (2) in a circuit court, whether or not an appeal has been filed.The court may modify or reduce or strike, but may not increase the length of, a sentence.Thereafter, the court has revisory power and control over the sentence in case of fraud, mistake, or irregularity, or as provided in section (d) of this Rule. The court may not increase a sentence after the sentence has been imposed, except that it may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding.
(c) Open Court Hearing. - The court may modify, reduce, correct, or vacate a sentence only on the record in open court after notice to the parties and an opportunity to be heard.
The Reporter's Note 12 that accompanied the proposed amendments to former Maryland Rule 4-345 stated in pertinent part:
The purpose of the amendment[s] is to provide some flexibility for a [trial court that] evidently misspeaks in imposing a sentence to be able to correct that evident mistake. See [ ] Sayre ,314 Md. 559 [,552 A.2d 553 ].... If the mistake in the announcement of the sentence is truly "evident," it should be immediately apparent to counsel, who can seek correction while the defendant is still present in the courtroom.
On October 5, 1992, this Court adopted the proposed amendments to former Maryland Rule 4-345. On October 7, 1992, this Court denied the petition for a writ of
certiorari
in
Simpkins
.
See
Simpkins
,
On May 11, 2004, this Court adopted amendments to former Maryland Rule 4-345 that, without substantive change, moved the language regarding "an evident mistake in the announcement of a sentence" from former Maryland Rule 4-345(b) to former Maryland Rule 4-345(c) -which, after the amendments, stated in its entirety: "The court may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding." Since then, the language has remained the same.
Analysis
We conclude that, for a "mistake in the announcement of a sentence" to be "evident" under Maryland Rule 4-345(c), the mistake must be clear or obvious. Where a trial court has imposed a sentence that is merely unusual or anomalous compared to other sentences that the trial court imposes at the same time, that circumstance alone does not establish that the trial court made an evident mistake in the announcement of a sentence under Maryland Rule 4-345(c). An appellate court may determine a trial court to have corrected an evident mistake in the announcement of a sentence under Maryland Rule 4-345(c) where the trial court acknowledges that it made a mistake in the announcement of a sentence, and indicates that it is correcting that mistake.
Maryland Rule 4-345(c)'s plain language demonstrates that it applies to mistakes in announcements of sentences that are clear or obvious. Maryland Rule 4-345(c) provides that a trial court "may correct an evident mistake in the announcement of a sentence"-
i.e.
, a mistake in the announcement of a sentence that is "clear to the ... understanding[.]"
Evident
, Merriam-Webster, https://www.merriam-webster.com/dictionary/evident [https://perma.cc/ZSV6-LHA9]. Where a sentence is merely different from other sentences that the trial court has imposed
during the same sentencing proceeding, that circumstance alone does not make it clear or obvious-
i.e.
, evident-that the trial court intended to impose a different sentence.
Like its plain language, Maryland Rule 4-345(c)'s rulemaking history establishes that a mistake in the announcement of a sentence must be clear or obvious to qualify as "evident" under Maryland Rule 4-345(c). The purpose of the language regarding "an evident mistake in the announcement of a sentence" was to supersede the holdings in
Sayre
and
Simpkins
. Before this Court adopted amendments that added language regarding "an evident mistake in the announcement of a sentence" to former Maryland Rule 4-345(b),
Sayre
and
Simpkins
stood for the proposition that, " 'under [former Maryland] Rule 4-345(b), once sentence ha[d] been imposed, there [could] be no inquiry into intention or inadvertence.' "
Simpkins
,
At the April 10 and 11, 1992 meeting of the Rules Committee, the Chair stated that it was his understanding that this Court would prefer amending former Maryland Rule 4-345 to overruling
Sayre
. On June 29, 1992, the Rules Committee submitted its 120th Report to this Court, recommending the addition of the following language to former Maryland Rule 4-345(b) : "The court ... may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding." On October 5, 1992, this Court adopted the proposed amendments to former Maryland Rule 4-345. Just two days later, this Court denied the petition for a writ of
certiorari
in
Simpkins
.
See
Simpkins
,
Indeed, in
Sayre
and
Simpkins
, the mistakes in the announcements of the sentences were so evident-
i.e.
, clear or obvious-that individuals in the courtroom promptly brought the mistakes to the trial courts' attention. In
Sayre
,
Similarly, in
Simpkins
,
Applying our holding to this case's facts, we conclude that, under Maryland Rule 4-345(c), the circuit court did not make an evident mistake in the announcement of Brown's sentence for conspiracy to rob Glover with a dangerous weapon. The circuit court imposed twenty-year sentences for four crimes: attempted robbery of Rich with a dangerous weapon, conspiracy to rob Rich with a dangerous weapon, attempted robbery of Glover with a dangerous weapon, and conspiracy to rob Glover with a dangerous weapon. The circuit court suspended all but ten years as to each of the first three crimes, then suspended all but time served as to conspiracy to rob Glover with a dangerous weapon. For use of a handgun in the commission of a crime of violence, the circuit court sentenced Brown to ten years of imprisonment, the first five of which were to be served without parole, consecutive to his sentence for conspiracy to rob Glover with a dangerous weapon. To be sure, Brown's sentence for conspiracy to rob Glover with a dangerous weapon differed from the three other twenty-year sentences that the circuit court imposed. But, the record of the sentencing proceeding does not demonstrate that the circuit court made a clear or obvious mistake in the announcement of the sentence, or that the circuit court intended to suspend all but ten years, as opposed to time served, as to conspiracy to rob Glover with a dangerous weapon.
This case is easily distinguishable from
Sayre
and
Simpkins
, which, as discussed above, provide examples of what constitutes "an evident mistake in the announcement of a sentence" under Maryland Rule 4-345(c). In
Sayre
and
Simpkins
, as noted above, individuals in the courtroom brought the mistakes in the announcements of the sentences to the attention of the trial courts, which acknowledged the mistakes.
See
Sayre
,
Under the sentences that the circuit court announced, Brown is serving the ten-year sentence for use of a handgun in the commission of a crime of violence at the same time that he is serving the ten-year aggregate of his other sentences. The record does not reveal why the circuit court suspended all but ten years as to attempted robbery of Rich with a dangerous weapon, conspiracy to rob Rich with a dangerous weapon, and attempted robbery of Glover with a dangerous weapon, but suspended all but time served as to conspiracy to rob Glover with a dangerous weapon, and imposed the sentence for use of a handgun in the commission of a crime of violence consecutively to that sentence. The absence of an apparent reason for a sentence, without more, does not mean that a trial court made a mistake in the announcement of that sentence-let alone that such a mistake was evident. On this record, we can conclude only that Brown's sentence for conspiracy to rob Glover with a dangerous weapon was, at most, anomalous compared to the twenty-year sentences that the circuit court imposed. 13
In addition to the record failing to establish that the circuit court made an "evident mistake in the announcement of" Brown's sentence for conspiracy to rob Glover with a dangerous weapon, the record does not demonstrate that the circuit court corrected a mistake under Maryland Rule 4-345(c). To reiterate, Maryland Rule 4-345(c) provides that a trial court "may correct an evident mistake in the announcement of a sentence"- i.e. , the trial court may "make or set right" such a mistake. Correct , Merriam-Webster, https://www.merriam-webster.com/dictionary/correct [https://perma.cc/SZ8J-X56B]. Maryland Rule 4-345(c)'s plain language indicates that, to "correct an evident mistake in the announcement of a sentence[,]" a trial court must acknowledge that it made such a mistake, and indicate that it is correcting that mistake.
Maryland Rule 4-345(c)'s rulemaking history supports our interpretation. As explained above, it is reasonable to infer that the Rules Committee and this Court were of the view that, in
Sayre
and
Simpkins
, the trial courts made evident mistakes in the announcements of the sentences and attempted to correct those mistakes. Indeed, in
Sayre
,
It will not be difficult for prosecutors, defense counsel, and trial courts to act in accord with our interpretation of Maryland Rule 4-345(c). Where a prosecutor or defense counsel believes that a trial court has made an evident mistake in the announcement of a sentence, the attorney may raise that belief before the defendant leaves the courtroom following the sentencing proceeding, giving the trial court the opportunity to acknowledge and correct the mistake, if one was made. This would obviate the need for a party, as the State did here, to allege an evident mistake in the announcement of a sentence for the first time on appeal. Once a mistake in the announcement of a sentence comes to a trial court's attention, the trial court need not recite any magic words to correct that mistake. Instead, as the trial courts in Sayre and Simpkins did, the trial court must simply acknowledge that it made a mistake in the announcement of a sentence, and indicate that it is correcting the mistake. This interpretation of Maryland Rule 4-345(c) will prevent a defendant from essentially being resentenced based on potentially stray remarks by a trial court at a sentencing proceeding.
Applying our conclusion to this case's facts, we hold that the record neither demonstrates that the circuit court made an "evident mistake in the announcement of" Brown's sentence for conspiracy to rob Glover with a dangerous weapon, nor demonstrates that the circuit court corrected such a mistake. For conspiracy to rob Glover with a dangerous weapon, the circuit court sentenced Brown to twenty years of imprisonment, with all but time served suspended, followed by two years of supervised probation, concurrent with his five-year sentence for reckless endangerment of Glover. For use of a handgun in the commission of a crime of violence, the circuit court sentenced Brown to ten years of imprisonment, the first five of which to be served without parole, consecutive to his
time-served sentence for conspiracy to rob Glover with a dangerous weapon. At no point did the circuit court acknowledge that it had made a mistake in the announcement of Brown's sentence for conspiracy to rob Glover with a dangerous weapon-much less indicate that it was correcting such a mistake. Indeed, in discussing the sentences with Brown and his counsel afterward, the circuit court never mentioned Brown's sentence for conspiracy to rob Glover with a dangerous weapon. It is just as likely that, in telling Brown: "[B]asically you got a 20 year sentence, suspend all but 10[,]" the circuit court was accurately referring only to the sentences that it had imposed as such-
i.e.
, Brown's sentences for attempted robbery of Rich with dangerous weapon, conspiracy to rob Rich with dangerous weapon, and attempted robbery of Glover with dangerous weapon. There is no indication in the circuit court's later remarks that it intended to impose the same sentence for conspiracy to rob Glover with a dangerous weapon, or that the circuit court was correcting Brown's sentence for that crime. The Court of Special Appeals aptly described the situation by concluding that, at most, "the [circuit] court's statements, which did not even indicate the conviction or count to which the [circuit] court was referring, cast[ ] some doubt over the [circuit] court's intentions with regard to" Brown's sentence for conspiracy to rob Glover with a dangerous weapon.
Brown
,
In sum, the record is subject to different interpretations. It is possible that, when the circuit court referred to twenty years of imprisonment, with all but ten years suspended, it was speaking of the aggregate of Brown's six concurrent sentences generally, as opposed to Brown's sentence for conspiracy to rob Glover with a dangerous weapon specifically. It is equally plausible that the circuit court was misstating, or misremembering, Brown's sentences for conspiracy to rob Glover with a dangerous weapon and use of a handgun in the commission of a crime of violence. Perhaps, the circuit court was actually thinking of Brown's sentence for conspiracy to rob Rich-not Glover-with a dangerous weapon, which was twenty years of imprisonment, with all but ten years suspended, followed by two years of supervised probation. The record is unclear, and certainly does not establish "an evident mistake in the announcement of a sentence" or an attempt to correct such a mistake.
Whatever the case, we can only speculate as to the circuit court's intentions-and that is precisely the problem. It would be contrary to Maryland Rule 4-345(c)'s plain language and its rulemaking history to conclude that the circuit court's informal remarks constituted a correction of an evident mistake in the announcement of Brown's sentence for conspiracy to rob Glover with a dangerous weapon. Simply put, the circuit court's later statements were part of an informal discussion of Brown's sentences, and did not evince, in any way, an awareness of it having made a misstatement in the announcement of a sentence-let alone an intent to correct such a misstatement.
In conclusion, the record demonstrates that the circuit court sentenced Brown to twenty years of imprisonment,
with all but time served suspended, followed by two years of supervised probation, for conspiracy to rob Glover with a dangerous weapon. The commitment record, probation order, and docket entries indicate that, for that crime, the circuit court sentenced Brown to twenty years of imprisonment, with all but ten years suspended, followed by two years of supervised probation. "When there is a conflict between the transcript and the commitment record, unless it is shown that the transcript is in error, the transcript prevails. A similar rule applies to docket entries."
Lawson v. State
,
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. MAYOR AND CITY COUNCIL OF BALTIMORE TO PAY COSTS.
Several online sources attribute this quotation to Larson. See, e.g. , BrainyMedia Inc., Douglas Larson Quotes, https://www.brainyquote.com/authors/doug_larson [https://perma.cc/6TSK-LWXM].
Although the circuit court did not specify a number of years when sentencing Brown to supervised probation for attempted robbery of Rich with a dangerous weapon, the circuit court imposed three additional sentences that included two years of supervised probation, all of which were concurrent with each other and with Brown's sentence for attempted robbery of Rich with a dangerous weapon. Accordingly, it is clear that the circuit court sentenced Brown to two years of supervised probation for attempted robbery of Rich with a dangerous weapon.
Rich did not testify at trial. On the first day of trial, the prosecutor advised the circuit court that the State had been "unable to locate" Rich.
The phrase "You know what it is" is similar to the phrase "You know what time it is," which "can be used to announce a robbery."
Givens v. State
,
The jury found Brown not guilty of two counts each of attempted first-degree murder, conspiracy to commit first-degree murder, attempted second-degree murder, first-degree assault, and conspiracy to commit first-degree assault, as well as one count of second-degree assault as to Rich. The jury did not announce verdicts as to two counts each of attempted robbery and conspiracy to rob.
The indictment indicates that conspiracy to commit second-degree assault as to Rich was Count 23, not Count 17.
The circuit court did not sign the commitment record or the docket entries, but signed the last page of the probation order. Brown's sentences are handwritten on the first page of the probation order.
Although the State raised two issues in the petition for a writ of certiorari , we consolidate the two issues for purposes of this opinion.
Similar to former Maryland Rule 4-345(b), current Maryland Rule 4-345(b) states in its entirety: "The court has revisory power over a sentence in case of fraud, mistake, or irregularity." The State does not contend that this case involves "fraud, mistake, or irregularity" under Maryland Rule 4-345(b). Indeed, the State acknowledges that "[a]n 'evident mistake' in the [Maryland] Rule 4-345(c) context is not equivalent to a 'mistake' in the very different context of 'fraud, mistake, or irregularity' under [Maryland] Rule 4-345(b)." Thus, the "fraud, mistake, or irregularity" language in both current Maryland Rule 4-345(b) and former Maryland Rule 4-345(b) is immaterial here.
In a footnote, this Court stated: "The briefs contain some debate about whether the transcript shows that [the defendant] had been removed from the courtroom before [the trial court] attempted to change the sentence to consecutive. The record permits, although it does not compel, such a reading."
Sayre
,
According to the minutes of the meeting, the Chair said that this Court had "granted certiorari [in] the
Simpkins
case and [was] holding the case pending review of [former Maryland Rule 4-345 ] by [the Rules] Committee." In actuality, at the time of the meeting, this Court had not yet disposed of the petition for a writ of
certiorari
in
Simpkins
; and, months after the meeting, this Court denied the petition.
See
Simpkins
,
In the introduction to the Report, the Chair
caution[ed] that the[ ] Reporter's Notes were prepared initially for the benefit of the Rules Committee; they are not part of the Rules[,] and have not been debated or approved by the [Rules] Committee; and they are not to be regarded as any kind of official comment or interpretation. They [were] included solely to assist [this] Court in understanding some of the reasons for the proposed changes.
(Emphasis omitted).
Although different from the other sentences, Brown's sentence for conspiracy to rob Glover with a dangerous weapon was legal, as the State acknowledges. Md. Code Ann., Crim. Proc. (2001, 2018 Repl. Vol.) ("CP") § 6-222(a) states in pertinent part: "A circuit court ... may: (1) impose a sentence for a specified time and provide that a lesser time be served in confinement; (2) suspend the remainder of the sentence; and (3)(i) order probation for a time longer than the sentence[.]" (Paragraph breaks omitted). Under CP § 6-222(a), it was entirely within the circuit court's discretion to suspend all but time served as to conspiracy to rob Glover with a dangerous weapon, and impose two years of supervised probation for that crime.
To be sure, even if Maryland Rule 4-345(c)'s language regarding "an evident mistake in the announcement of a sentence" had been part of former Maryland Rule 4-345 at the time of the sentencing proceedings in
Sayre
and
Simpkins
, the trial courts still would have erred because they corrected the evident mistakes in the announcements of the sentences after the defendants left the courtroom following the sentencing proceedings.
See
Sayre
,
Reference
- Full Case Name
- STATE of Maryland v. Andrew BROWN
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- 5 cases
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- Published