Legal Opinions - Court of Special Appeals - Part 3

Summary

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Criminal Procedure

Waiver of counsel

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Extract

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Legal Opinions - Court of Special Appeals - Part 3

BOTTOM LINE: Circuit court's failure to advise criminal defendant as to one charge, upon his waiver of counsel, did not require reversal where defendant was not convicted of that charge and was properly advised as to charge of which he was convicted.

CASE: Brye v. Maryland, No. 01482, September Term, 2006 (filed Sept. 3, 2008) (Judges Zarnoch, Sharer (retired, specially assigned) & ADKINS (specially assigned)). RecordFax No. 8-0903-02, 23 pages.

FACTS: On March 27, 2006, Christopher Jones, Marvie Brye's cousin; Terri Lomax, the mother of Jones' daughter; and Dr. Craig Lane, Lomax's boyfriend, met at Lomax's apartment. Although the meeting was initially cordial, an argument ensued in which Jones produced a handgun, then threatened and assaulted Dr. Lane. While holding Lane at gunpoint, Jones called Brye and demanded that he come over the house.

When Brye arrived, he hit Dr. Lane in the face and upper body. A fight ensued, during which Dr. Lane managed to flee the house and call the police. The police responded to the area and arrested Brye a few blocks away.

Brye was subsequently charged with two counts of false imprisonment, two counts of first degree assault, and one count each of second degree assault and attempted armed robbery.

At his initial district court appearance, Brye and the district court commissioner signed a form certifying, inter alia, that the commissioner had informed defendant of each offense charged and of the allowable penalties, including mandatory penalties, if any. The form further stated that an appearance for t...

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