Bellard v. State

Watts, J. In 2013, Maryland repealed the death penalty. To effectuate the repeal of the death penalty and provisions related to the death penalty, the General Assembly repealed several statutes, and repealed and reenacted, with amendments, other statutes, including Md. Code Ann., Crim. Law (2002, 2012 Repl. Vol.) (“CR (2012)”) § 2-304(a), which previously governed the procedure for sentencing a defendant who was convicted of first-degree murder to life imprisonment or life imprisonment without the possibility of parole, where either the State did not give notice of intent to seek the death penalty, or the State gave such notice but the trial court or jury determined that the death penalty should not be imposed.

See 2013 Md. Laws 2298 -99 (Vol. III, Ch. 156, S.B. 276). The General Assembly amended CR (2012) § 2-304(a), effective October 1, 2013, by making the following deletions: (a) In general.—(1) If the State gave notice under § 2-203(1) of this title,[ 1 ] but-did-not-give notice of intent to seek the death penalty under § 2-202(a)(l)-of-this-title>- the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life. (2-)-If-the-State gave notiee-under-both-§§- -2-202(a)(l) and 2-203(1-)-of-this title, but the-court- or jury determines-that the-death-sentenee-may-not-be-imposed, that eour-t-or-jury shall determine whether the defendant-shall-be-sentenced to ⁴⁷³ imprisonment-for-life without the possibility of-parole-or~to imprisonment-for life. 2013 Md. Laws 2317 , 2323 (Vol.

III, Ch. 156, S.B. 276). As such, after the amendment, Md, Code Ann., Crim. Law (2002, 2012 Repl. Vol., 2016 Supp.) ("CR”) § 2-304(a) provided and currently provides: (a) In general.—If the State gave notice under § 2-203(1) of this title, the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.

The General Assembly did not amend the remainder of CR § 2-304, which provided, and continues to provide, as follows: (b) Findings.—(1) A determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous. (2) If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole. (3) If, within a reasonable time, the jury is unable to agree to imposition of a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life. As a result of the amendment, CR § 2-304(a) provides that a trial court shall conduct a sentencing proceeding to determine whether to sentence a defendant who is convicted of first-degree murder to life imprisonment without the possibility of parole, whereas CR § 2-304(b) refers to a jury determination as to a sentence of life imprisonment without the possibility of parole.

The General Assembly’s amendment of CR (2012) § 2-304(a), without amending CR (2012) § 2-304(b), gives rise to the two issues that we must decide in this case: (I) whether a defendant who is convicted of first-degree murder has a right, ⁴⁷⁴ under CR § 2-304, to have a jury, rather than the trial court, determine whether to sentence the defendant to life imprisonment or life imprisonment without the possibility of parole; and, if not, (II) whether Maryland’s sentencing scheme for life imprisonment without the possibility of parole is unconstitutional. We answer these questions in the negative and hold that: (I) under CR § 2-304(a), where a defendant is convicted of first-degree murder and the State has given notice of an intent to seek life imprisonment without the possibility of parole, the trial court, not the jury, determines whether to sentence the defendant to life imprisonment or life imprisonment without the possibility of parole; stated otherwise, CR § 2-304 does not grant a defendant who is convicted of first-degree murder the right to have a jury determine whether to impose a sentence of life imprisonment without the possibility of parole; and (II) Maryland’s sentencing scheme for life imprisonment without the possibility of parole does not violate the United States Constitution or the Maryland Declaration of Rights, and neither the United States Constitution nor the Maryland Declaration of Rights provides a defendant with a right to have a jury determine whether the defendant should be sentenced to life imprisonment without the possibility of parole; stated otherwise, both the United States Constitution and the Maryland Declaration of Rights permit a sentence of life imprisonment without the possibility of parole to be imposed in the same manner as every other sentence except the death penalty, which has been abolished in Maryland. BACKGROUND Darrell Bellard (“Bellard”), Petitioner, was charged in the Circuit Court for Prince George’s County (“the circuit court”) with four counts of first-degree murder and related offenses arising out of crimes which resulted in the deaths of two women and two children, all of whom had been shot in the head. In the early morning of August 6, 2010, Bellard was taken to a police station to be interviewed as a witness.

As law enforcement officers gathered evidence throughout the day, ⁴⁷⁵ they learned that Bellard was a drug dealer from Texas and that he had been mad at one of the victims; Bellard, thus, became a suspect. Bellard initially denied responsibility for the deaths of the four victims, but later confessed to the shootings. On February 4, 2011, the State filed a notice of intent to seek the death penalty. Prior to the start of Bellard’s trial, in 2013, the General Assembly passed Senate Bill 276, repealing the death penalty, and on May 2, 2013, the Governor of Maryland approved Senate Bill 276.

See 2013 Md. Laws 2323 (Vol. III, Ch. 156, S.B. 276). The act was to take effect on October 1, 2013. See id.

On June 3, 2013, in response to the pending repeal of the death penalty, the State filed in the circuit court a “Notice to Withdraw Intent to Seek Death Penalty.” On June 6, 2013, the State filed a “Notice of Intent to Seek Sentence of Imprisonment for Life without Possibility of Parole” as to all four counts of first-degree murder. 2 On March 5, 2014, Bellard filed a “Notice of Defendant’s Election to be Tried by Jury and, if Convicted of First[-]Degree Murder, to be Sentenced by Jury.” On March 31, 2014, Bellard filed a request for specific voir dire concerning life imprisonment without the possibility of parole—specifically, voir dire questions “relating to ... prejudice, partiality, presupposition, and/or inability to follow the law with regard to the sentencing process.” On April 4, 2014, Bellard filed a motion to strike the State’s notice of intent to seek life imprisonment without the possibility of parole. In the motion to strike, Bellard contended that the amended version of CR ⁴⁷⁶ § 2-304 requires a jury to decide whether to impose a sentence of life imprisonment without the possibility of parole, while Maryland Rule 4-342 requires a trial court to determine a defendant’s sentence. According to Bellard, given the conflict between CR § 2-304 and Maryland Rule 4-342, it would be “impossible” to sentence him to life imprisonment without the possibility of parole “in a manner that complies with both the statute and the rule[.]” Bellard also argued that a sentence of life imprisonment without the possibility of parole would violate his rights under the United States Constitution and the Maryland Declaration of Rights. On April 7, 2014, the State filed a motion to strike Bellard’s notice of election to be sentenced by jury.

In the motion to strike, the State contended that, in repealing the death penalty, the General Assembly did not intend to create a statutory right for a defendant to have a jury determine whether to impose a sentence of life imprisonment without the possibility of parole. According to the State, with the exception of the death penalty, a defendant has no right to be sentenced by a jury, and no statute confers such a right to a defendant, despite whatever language the General Assembly left in CR § 2-304. The State further argued that the Maryland Rules clearly provide that a trial court shall determine whether to impose a sentence of life imprisonment without the possibility of parole. On April 7, 2014, the circuit court conducted a hearing, at which it heard argument on the motions to strike.

At the hearing, the parties made the same arguments that they raised in the motions to strike, with Bellard’s counsel contending, among other things, that amended CR § 2-304 provides for the right for a defendant to have a jury determine whether to impose life imprisonment without the possibility of parole. And, the State argued that the General Assembly’s intent, as reflected by the plain language of CR § 2-304 and the legislative history of the bill repealing the death penalty, was solely to repeal the death penalty, not to create a new right to jury sentencing in cases in which the State seeks life imprisonment without the possibility of parole. At the conclusion of the ⁴⁷⁷ hearing, the circuit court orally ruled from the bench, denying Bellard’s motion to strike the State’s notice and striking, or denying, Bellard’s notice of election to be sentenced by a jury. The case proceeded to trial, and a jury convicted Bellard of four counts of first-degree murder, four counts of use of a handgun in the commission of a felony or crime of violence, and three counts of conspiracy to commit murder.

On June 27, 2014, the circuit court sentenced Bellard, in relevant part, to four consecutive sentences of life imprisonment without the possibility of parole, one for each conviction for first-degree murder. 3 On July 1, 2014, Bellard filed a request for a sentence review by a three-judge panel. On July 15, 2014, the circuit court issued an order directing a three-judge panel to consider Bellard’s request. On September 2, 2014, on behalf of the three-judge panel, a judge of the panel issued an order denying the request without a hearing. In the meantime, on July 9, 2014, Bellard noted an appeal.

On August 31,2016, in a reported opinion, the Court of Special Appeals vacated two of the three convictions and sentences for conspiracy to commit murder, and affirmed the circuit court’s judgments in all other respects. See Bellard v. State, 229 Md.App. 312, 353 , 145 A.3d 61, 86 (2016). 4 The Court of Special Appeals held, among other things, that CR § 2-304 does not give a defendant the right to have a jury determine whether the defendant should be sentenced to life imprisonment with ⁴⁷⁸ the possibility of parole or life imprisonment without the possibility of parole. See Bellard, 229 Md.App. at 338 , 145 A.3d at 77 . At the outset, the Court observed that Bellard “d[id] not contend that the United States or Maryland Constitutions compel sentencing by jury in cases involving life without parole.

His argument [wa]s a purely statutory one[.]” Id. at 328 , 145 A.3d at 70 . The Court concluded that CR § 2-304 is ambiguous because, although CR § 2-304(a) seems to commit sentencing to the trial court, CR § 2-304(b) contemplates that a jury determine whether the defendant should be sentenced to life imprisonment with the possibility of parole or life imprisonment without the possibility of parole. See Bellard, 229 Md.App. at 336 , 145 A.3d at 76 . The Court determined that the purpose of the relevant amendment to CR § 2-304 was simply to repeal the death penalty, not to expand a jury’s authority to sentence a defendant or otherwise “alter sentencing procedures in non-capital murder cases.” Id. at 336-37, 145 A.3d at 76 .

Finally, the Court rejected Bellard’s contention that CR § 2-304 was void for vagueness, and concluded that there was “no basis on which to find the sentencing procedures at issue unconstitutionally vague.” Id. at 338-39, 145 A.3d at 77-78 . Bellard thereafter filed a petition for a writ of certiorari, which this Court granted on December 2, 2016. See Bellard v. State, 450 Md. 660 , 150 A.3d 817 (2016). DISCUSSION I. The Parties’ Contentions Bellard contends that CR § 2-304 gives a defendant the right to have a jury determine whether the defendant should be sentenced to life imprisonment with the possibility of parole or life imprisonment without the possibility of parole.

Bellard argues that CR § 2-304 is unambiguous, and that CR § 2-304(b) plainly provides that a jury may sentence a defendant who has been convicted of first-degree murder to either life ⁴⁷⁹ imprisonment or life imprisonment without the possibility of parole, and that, with respect to a sentence of life imprisonment without the possibility of parole, the jury’s decision must be unanimous. Bellard asserts that his interpretation of CR § 2-804 is supported by Md. Code Ann., Corr. Servs. (1999, 2008 Repl.

Vol., 2016 Supp.) (“CS”) § 6-112(c)(8), which provides that a trial court “or jury” shall consider a presentence investigation report at a sentencing proceeding under CR § 2-304 where the State seeks life imprisonment without the possibility of parole. Bellard maintains that his interpretation of CR § 2-304 is supported by the statute’s legislative history, as, in 2015 and 2016, the General Assembly refrained from passing bills that would have repealed the provisions that allow a jury to sentence a defendant to life imprisonment without the possibility of parole. With respect to the bills introduced during the 2015 legislative session, Bellard contends that the bills’ language demonstrates that the bills’ sponsors believed that CR § 2-304 grants a defendant the right to have a jury determine the defendant’s sentence for first-degree murder. Bellard argues that the General Assembly’s decision to not repeal or amend CR § 2-304(b) demonstrates an intent to permit a defendant to have a jury determine whether to impose life imprisonment without the possibility of parole where the defendant is convicted of first-degree murder.

Bellard also asserts that, assuming there is any ambiguity in CR § 2-304, because CR § 2-304 is a penal statute, any ambiguity CR § 2-304 must be construed in his favor under the rule of lenity. The State responds that the General Assembly’s repeal of the death penalty did not affect the longstanding principle that, where the State seeks life imprisonment without the possibility of parole, a trial court, not a jury, determines the sentence. The State contends that, because CR § 2-304(b) applied only where the State sought the death penalty, and because the General Assembly has repealed the death penalty, CR § 2-304(b) is now inoperative. The State argues that the General Assembly’s only intent in amending CR (2012) § 2-304(a) was to repeal the death penalty, not to give new ⁴⁸⁰ meaning to CR § 2-304(b) and permit a defendant to have a jury determine whether to impose a sentence of life imprisonment without the possibility of parole.

The State asserts that the plain language of CR § 2-304, as amended in 2013, demonstrates that the General Assembly did not intend to create a right to jury sentencing in cases in which the State seeks life imprisonment without the possibility of parole. The State maintains that CR § 2-304(a) has been interpreted to mean that a trial court, not a jury, determines whether to impose life imprisonment without the possibility of parole, and that the same language has been retained in the statute even after repeal of the death penalty. The State contends that, when read in context, the references to jury sentencing in CR § 2—304(b) do not create a new right, but are simply vestiges of the former death penalty sentencing scheme. The State argues that, even if CR § 2-304 is ambiguous, the legislative history supports the conclusion that the General Assembly did not intend to create a right to jury sentencing in cases in which the State seeks life imprisonment without the possibility of parole.

As further support for its interpretation of CR § 2-304, the State points out that no right to jury sentencing has been enacted with respect to defendants convicted of other crimes for which a sentence of life imprisonment without the possibility of parole is an available penalty, such as first-degree rape and first-degree sexual offense. The State asserts that legislative inaction on subsequent bills introduced during the 2015 and 2016 legislative sessions is of no consequence, and is not indicative of any intent by the General Assembly to create a right to jury sentencing in cases of life imprisonment without the possibility of parole through Senate Bill 276. The State maintains that the rule of lenity is inapplicable in this case because the rule of lenity applies only where a statute is open to more than one interpretation, and the court is unable to determine which interpretation the General Assembly intended. Standard of Review “An appellate court reviews without deference a trial court’s interpretation of a statute[.]” Howard v. State, 440 ⁴⁸¹ Md. 427, 434, 103 A.3d 572, 576 (2014) (citations omitted).

See also Allen v. State, 440 Md. 643, 667 , 103 A.3d 700, 714 (2014) (“We review the Court of Special Appeals’s interpretation of the statute de novo.” (Citation omitted)). Because this case involves statutory interpretation, we set forth in some detail the relevant rules of statutory construction: The cardinal rule of statutory construction is to ascertain and effectuate the intent of the General Assembly. As this Court has explained, to determine that purpose or policy, we look first to the language of the statute, giving it its natural and ordinary meaning. We do so on the tacit theory that the General Assembly is presumed to have meant what it said and said what it meant.

When the statutory language is clear, we need not look beyond the statutory language to determine the General Assembly’s intent. If the words of the statute, construed according to their common and everyday meaning, are clear and unambiguous and express a plain meaning, we will give effect to the statute as it is written. In addition, we neither add nor delete words to a clear and unambiguous statute to give it a meaning not reflected by the words that the General Assembly used or engage in forced or subtle interpretation in an attempt to extend or limit the statute’s meaning. If there is no ambiguity in the language, either inherently or by reference to other relevant laws or circumstances, the inquiry as to legislative intent ends.

If the language of the statute is ambiguous, however, then courts consider not only the literal or usual meaning of the words, but their meaning and effect in light of the setting, the objectives, and the purpose of the enactment under consideration. We have said that there is an ambiguity within a statute when there exist two or more reasonable alternative interpretations of the statute. When a statute can be interpreted in more than one way, the job of this Court is to resolve that ambiguity in light of the legislative intent, using all the resources and tools of statutory construction at our disposal. ⁴⁸² If the true legislative intent cannot be readily determined from the statutory language alone, however, we may, and often must, resort to other recognized indicia—among other things, the structure of the statute, including its title; how the statute relates to other laws; the legislative history, including the derivation of the statute, comments and explanations regarding it by authoritative sources during the legislative process, and amendments proposed or added to it; the general purpose behind the statute; and the relative rationality and legal effect of various competing constructions. In construing a statute, we avoid a construction of the statute that is unreasonable, illogical, or inconsistent with common sense.

In addition, the meaning of the plainest language is controlled by the context in which i[t] appears. As this Court has stated, because it is part of the context, related statutes or a statutory scheme that fairly bears on the fundamental issue of legislative purpose or goal must also be considered. Thus, not only are we required to interpret the statute as a whole, but, if appropriate, in the context of the entire statutory scheme of which it is a part. Wagner v. State, 445 Md. 404, 417-19 , 128 A.3d 1, 9-10 (2015) (citation and brackets omitted).

Law CR § 2-201 defines first-degree murder and provides as follows with respect to the penalty: (1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to: (i) imprisonment for life without the possibility of parole; or (ii) imprisonment for life. (2) Unless a sentence of imprisonment for life without the possibility of parole is imposed in compliance with [CR] § 2- ⁴⁸³ 203 [ ] and [CR] § 2-304 [ ], the sentence shall be imprisonment for life. CR § 2-201(b). In turn, CR § 2-203 provides: A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if: (1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and (2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with [CR] § 2-304[.] And, CR § 2-304, the statute at issue in this case, provides, in its entirety, as follows: (a) In general.—If the State gave notice under [CR] § 2-203(1) [], the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.

(b) Findings.—(1) A determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous. (2) If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole. (3) If, within a reasonable time, the jury is unable to agree to imposition of a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life. As discussed in more detail below, the General Assembly amended CR § 2-304 in 2013.

Since CR § 2-304’s amendment, this Court has not addressed the amended statute, and ⁴⁸⁴ it was not until the Court of Special Appeals’s reported opinion in this case that the Court of Special Appeals discussed the amended statute. See Bellard, 229 Md.App. 312 , 145 A.3d 61 . 5 However, prior to the 2013 amendment, numerous cases discussed CR § 2-304 and its predecessor. Relevant here is Woods v. State, 315 Md. 591, 599-600, 601 , 556 A.2d 236, 239-40, 241 (1989), in which this Court held that, under CR § 2-304’s predecessor—Art. 27, § 413(k)(5) through (8)— where the State did not seek the death penalty and sought only life imprisonment without the possibility of parole, a trial court, not a jury, decided whether to sentence a defendant to life imprisonment without the possibility of parole. In Woods, id. at 597, 598, 556 A.2d at 239 , following a bench trial, a trial court convicted the defendant of first-degree murder; the State sought life imprisonment without the possibility of parole rather than the death penalty; and the trial court sentenced the defendant to life imprisonment without the possibility of parole.

Before this Court, the defendant contended that life imprisonment without the possibility of parole could not be imposed except as provided in Art. 27, § 413; ie., the defendant argued that the trial court erred in not allowing a jury to determine whether to impose life imprisonment without the possibility of parole. See Woods, 315 Md. at 598 , 556 A.2d at 239 . This Court rejected the defendant’s contention, and held that, where the State seeks only life imprisonment without the possibility of parole, and does not seek the death penalty, “the separate sentencing proceeding is before the court—a jury is not involved.” Id at 599, 556 A.2d at 240 . In other words, where the defendant “is not subject to execution but is subject ⁴⁸⁵ to incarceration for life without parole[,]” the procedure for sentencing “is in the sound discretion of the trial judge.” Id. at 600-01 , 556 A.2d at 240-41 .

This Court explained that its holding was warranted by the language of Art. 27, § 413 because “[a]ll references in Art. 27, § 413 to the elaborate proceedings [before a jury] are in the frame of reference of the death penalty.” Id. at 601, 556 A.2d at 241 (citations omitted). This Court stated that its holding was also supported by Art. 27, §§ 412’s and 413⅛ legislative history, which established that the General Assembly created life imprisonment without the possibility of parole as a sentence for first-degree murder as a “compromise” option that avoided the expense of seeking the death penalty, while ensuring that the defendant would not pose a threat to society. See id at 601, 556 A.2d at 241 . In conclusion, this Court stated that the General Assembly “did not intend that the sentencing scheme of [Art. 27,] § 413 be utilized with respect to a sentence of life without parole.” Id. at 601, 556 A.2d at 241 .

Analysis Here, we hold that, under CR § 2-304(a), where the State has given notice of an intent to seek life imprisonment without the possibility of parole and where a defendant is convicted of first-degree murder, the trial court, not the jury, determines whether to sentence the defendant to life imprisonment or life imprisonment without the possibility of parole; stated otherwise, CR § 2-304 does not grant a defendant who is convicted of first-degree murder the right to have a jury determine whether to impose a sentence of life imprisonment without the possibility of parole. We reach this conclusion by applying the well-settled principles of statutory construction, and begin by examining CR § 2-304’s language. On the one hand, CR § 2-304(a) provides that, if the State seeks life imprisonment without the possibility of parole, “the court shall conduct a separate sentencing proceeding ... to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.” On the other hand, CR § 2-304(b)(l) states that “[a] ⁴⁸⁶ determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous[,]” and CR § 2—304(b)(2) states: “If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole.” The conflict between CR § 2-304(a) and CR § 2-304(b) is evident—CR § 2-304(a) provides that a trial court shall conduct a sentencing proceeding to determine whether to sentence a defendant who is convicted of first-degree murder to life imprisonment without the possibility of parole, whereas CR § 2—304(b), although not a grant of authority for a jury to conduct a sentencing proceeding, appears to contemplate that a jury determine whether to sentence a defendant to life imprisonment without the possibility of parole. In short, CR § 2-304’s language is ambiguous because “there exist two or more reasonable alternative interpretations of the statute.” Wagner, 445 Md. at 418 , 128 A.3d at 9 (brackets and citation omitted).

Indeed, Bellard and the State provide two such reasonable alternative interpretations of the CR § 2-304. Under Bellard’s interpretation, pursuant to CR § 2-304(a) and (b), either a trial court or a jury decides whether to impose life imprisonment without the possibility of parole, depending on whether a defendant has elected to have a jury make such a determination. By contrast, under the State’s interpretation, pursuant to CR § 2-304(a), only a trial court can decide whether to impose life imprisonment without the possibility of parole. These competing interpretations support the conclusion that CR § 2-304’s language is ambiguous.

We are unpersuaded by Bellard’s contention that CR § 2-304’s language is clear and unambiguous, and provides that a defendant who is convicted of first-degree murder may elect to have a jury determine whether to impose a sentence of life imprisonment without the possibility of parole. Similarly, we are unconvinced by the argument that CR § 2-304(a) and CR § 2—304(b) may be read to be consistent with one another, such that CR § 2-304(a) could be interpreted to mean that a ⁴⁸⁷ trial court would convene a sentencing proceeding and that, under CR § 2-304(b), the jury would make the determination as to the appropriate sentence. CR § 2-304(a)’s plain language states that a trial court shall conduct a separate sentencing proceeding to determine whether to impose a sentence of life imprisonment without the possibility of parole. And, when the General Assembly amended CR (2012) § 2-304, it eliminated CR (2012) § 2-304(a)(2), which expressly provided that the trial “court or jury shall determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.” The effect of eliminating CR (2012) § 2-304(a)(2) is that, under CR § 2-304(a), a trial court conducts the sentencing proceeding to make the determination as to life imprisonment without the possibility of parole.

In other words, contrary to Bellard’s contention, CR § 2-304(a) and CR § 2-304(b) are inconsistent, and an ambiguity exists in CR § 2-304’s language as to whether the trial court or a jury determines whether to impose a sentence of life imprisonment without the possibility of parole where a defendant has been convicted of first-degree murder. Because, read in its entirety, CR § 2-304’s language is ambiguous, we must “resolve that ambiguity in light of the legislative intent, using all the resources and tools of statutory construction at our disposal.” Wagner, 445 Md. at 418 , 128 A.3d at 9 (citation omitted). To determine the General Assembly’s intent in amending CR (2012) § 2-304, we look to CR § 2-304’s purpose, its legislative history, and relevant case law. A review of those resources of statutory construction demonstrate that, in repealing the death penalty and amending CR (2012) § 2-304(a), without amending CR (2012) § 2-304(b), the General Assembly did not intend to give a defendant who is convicted of first-degree murder the right to elect to have a jury determine whether to impose a sentence of life imprisonment without the possibility of parole.

We turn to CR § 2-304’s legislative history. CR § 2-304’s predecessor, Md. Code Ann. (1957, 1996 Repl. Vol., 2001 Supp.), Art. 27, § 413(k)(5) through (8), was part of ⁴⁸⁸ a comprehensive statute setting forth the sentencing procedure upon a defendant’s conviction for first-degree murder, and stated: (5) If the State gives the notice required under § 412(b) of this article of intention to seek a sentence of imprisonment for life without the possibility of parole but does not give notice of intention to seek the death penalty, the court shall conduct a separate sentencing proceeding as soon as practicable after the trial has been completed to determine whether to impose a sentence of imprisonment for life or imprisonment for life without the possibility of parole. (6) If the State gives the notice required under § 412(b) of this article of intention to seek the death penalty in addition to the notice of intention to seek a sentence of imprisonment for life without the possibility of parole, and the court or jury determines that a sentence of death may not be imposed under the provisions of this section, that court or jury shall determine whether to impose a sentence of imprisonment for life or imprisonment for life without the possibility of parole.

(7) (i) In determining whether to impose a sentence of imprisonment for life without the possibility of parole, a jury shall agree unanimously on the imposition of a sentence of imprisonment for life without the possibility of parole. (ii) If the jury agrees unanimously to impose a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life without the possibility of parole. (iii) If the jury, within a reasonable time, is not able to agree unanimously on the imposition of a sentence of imprisonment for life without the possibility of parole, the court shall dismiss the jury and impose a sentence of imprisonment for life. (8) If the State gives the notice required under § 412 of this article of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole, the court shall conduct a separate sentencing proceeding as soon as ⁴⁸⁹ practicable after the trial has been completed to determine whether to impose a sentence of imprisonment for life or imprisonment for life without the possibility of parole.

In 2002, the General Assembly recodified Art. 27, § 413(k)(5) through (8) as CR (2012) § 2-304; the Revisor’s Note stated that CR (2012) § 2-304 “is new language derived without substantive change from former Art. 27, § 413(k)(5) through (8).” 2002 Md. Laws 229 (Vol. I, Ch. 26, H.B. 11). At that time, and until 2013, CR (2012) § 2-304 provided, in full, as follows: (a) In general.—(1) If the State gave notice under § 2-203(1) of this title, but did not give notice of intent to seek the death penalty under § 2-202(a)(l) of this title, the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life. (2) If the State gave notice under both §§ 2-202(a)(l) and 2-203(1) of this title, but the court or jury determines that the death sentence may not be imposed, that court or jury shall determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.

(b) Findings.—(1) A determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous. (2) If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole. (3) If, within a reasonable time, the jury is unable to agree to imposition of a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life. Thus, under CR (2012) § 2-304(a)(l), where the State sought life imprisonment without the possibility of parole, and ⁴⁹⁰ had not filed notice of intent to seek the death penalty, the trial court was required to conduct a separate sentencing proceeding to determine whether to impose life imprisonment without the possibility of parole or life imprisonment.

Under CR (2012) § 2-304(a)(l), the jury was not involved in any determination with respect to life imprisonment without the possibility of parole where the State had filed only a notice of intent to seek life imprisonment without the possibility of parole and had not filed a notice of intent to seek the death penalty. Indeed, in Woods, 315 Md. at 599 , 556 A.2d at 240 , this Court had held as much, concluding that, where the State gives notice only of an intent to seek life imprisonment without the possibility of parole, “the separate sentencing proceeding is before the court—a jury is not involved.” By contrast, under CR (2012) § 2-304(a)(2), if the State gave notice of an intent to seek both the death penalty and life imprisonment without the possibility of parole, but either the trial court or the jury determined that the death penalty should not be imposed, then either the trial court or the jury was required to determine whether to impose life imprisonment without the possibility of parole. In other words, under CR (2012) § 2-304(a)(2), it was only where the State sought both the death penalty and life imprisonment without the possibility of parole, where the defendant did not waive a jury sentencing proceeding, see CR (2012) § 2-303(c)(3) (providing that, where the State sought the death penalty, and where the defendant was convicted of first-degree murder, a sentencing proceeding was to be conducted before the trial court only if the defendant had waived a jury sentencing proceeding), and where a jury was unable to agree on the death penalty, that the jury would then be tasked with deciding whether to impose life imprisonment without the possibility of parole or life imprisonment. In such cases, under CR (2012) § 2-304(b)(1), the jury’s determination to impose life imprisonment without the possibility of parole was to be unanimous; and, under CR (2012) § 2-304(b)(2), the trial court was to impose life imprisonment without the possibility of parole where the jury was unanimous.

However, under CR (2012) § 2—304(b)(3), ⁴⁹¹ if the jury could not agree within a reasonable time to impose life imprisonment without the possibility of parole, then the trial court was to impose life imprisonment. In 2013, as explained above, through Senate Bill 276, the General Assembly repealed the death penalty and, among other things, amended CR (2012) § 2-304, by deleting references to the death penalty: (a) In general.—(4) If the State gave notice under § 2-203(1) of this title, but-d-id-not-give-notice -of-lntent to seek the-d-eath-pemlty-under-§-2-2Q2(a)(-l-)-€>f4hi&-title,- the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life. (2-)-I-f-the-State-gave-nefic&-nHder-both-§.§--2-202(a)(-l-)-and 2-203(1) of this title, but-the court or-jury determines that the-death-sentence-may-not-be-imposedj-that court or jury shall determine whether-the-defendant shall be sentenced to imprisonment-for-Iife-wi-thou-t-the-possMlity-'Ofparole-or-fo imprisonment for life.' (b) Findings.—(1) A determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous. (2) If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole.

(3) If, within a reasonable time, the jury is unable to agree to imposition of a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life. 2013 Md. Laws 2317 (Vol. III, Ch. 156, S.B. 276). The stated purpose of Senate Bill 276 was to repeal[] the death penalty; repeal[] procedures and requirements related to the death penalty; provid[e] that in certain cases in which the State has filed a notice of intent ⁴⁹² to seek a sentence of death, the notice shall be considered withdrawn and it shall be considered a notice to seek a sentence of life imprisonment without the possibility of parole under certain circumstances; provid[e] that certain persons serving life sentences are not eligible for Patuxent Institution under certain circumstances; alter[ ] the circumstance concerning parole for persons serving life sentences when the State sought a certain penalty; ... alter[ ] the authorization for the Governor to commute or change a sentence of death into a certain period of confinement; mak[e] conforming and clarifying changes; and generally relat[e] to the repeal of the death penalty. 2013 Md. Laws 2298 (Vol. III, Ch. 156, S.B. 276) (underlining omitted).

Simply put, Senate Bill 276’s sole purpose was to repeal the death penalty and enact necessary and related changes to effectuate the repeal of the death penalty. The General Assembly’s intent to repeal the death penalty is demonstrated by the amendments that it enacted with respect to CR § 2-304: CR § 2-304(a) contained references to the death penalty, which the General Assembly deleted, whereas CR § 2-304(b) lacked references to the death penalty, and the General Assembly left CR § 2-304(b) intact. Nothing in Senate Bill 276’s purpose clause or elsewhere evidences an intent by the General Assembly, in repealing the death penalty, to create a right for a defendant who is convicted of first-degree murder to elect to have a jury determine whether to impose life imprisonment without the possibility of parole. Indeed, Senate Bill 276’s purpose clause fails to show any intent whatsoever by the General Assembly to expand a jury’s authority with respect to sentencing or to empower a jury to impose life imprisonment without the possibility of parole where a defendant is convicted of first-degree murder.

Senate Bill 276’s preamble explains that, in 2008, the General Assembly created the Maryland Commission on Capital Punishment “for the purpose of studying all aspects of capital punishment as currently and historically administered in the State[,]” and that the Commission’s report included a “strong recommendation that ... capital punishment be abolished in ⁴⁹³ Maryland” 2013 Md. Laws 2299 -2300 (Vol. III, Ch. 156, S.B. 276). Senate Bill 276’s preamble reinforces the conclusion that Senate Bill 276’s singular goal was to repeal the death penalty, not to change any aspect of sentencing a defendant who has been convicted of first-degree murder where the State has filed a notice of intent to seek life imprisonment without the possibility of parole. Senate Bill 276’s purpose clause and preamble mention only the General Assembly’s intent to repeal the death penalty, and neither the purpose clause nor the preamble references any other alteration to the then-existing sentencing proceedings for first-degree murder.

Senate Bill 276’s Revised Fiscal and Policy Note demonstrates that the General Assembly’s sole purpose was to repeal the death penalty in Maryland, not to create a right for a defendant who is convicted of first-degree murder to elect to have a jury determine whether to impose life imprisonment without the possibility of parole. Senate Bill 276’s Revised Fiscal and Policy Note states at the outset that the “bill repeals the death penalty and all provisions relating to it, including those relating to its administration and post death sentencing proceedings.” S.B. 276, 2013 Leg., Reg. Sess. (Md. 2013), Revised Fiscal and Policy Note, at 1, http://mgaleg. maryland.gov/2013RS/fnotes/bil_0006/sb0276,pdf [https:// perma.cc/N3JF-A5UM], Indeed, the entirety of the Revised Fiscal and Policy Note discusses the death penalty, including the fiscal effect of the repeal of the death penalty, the current law with respect to the death penalty, and a brief summary of prior introductions of bills that had sought to repeal the death penalty.

See id. at 1-7. Senate Bill 276’s Revised Fiscal and Policy Note does not demonstrate any intent on the General Assembly’s behalf to create a right to jury sentencing for life imprisonment without the possibility of parole. Significantly, Senate Bill 276’s Revised Fiscal and Policy Note mentions the word “jury” six times, and only in its discussions of “Current Law” and its summary of Miles v. State, 421 Md. 596, 607, 598 , 28 A.3d 667, 673, 668 (2011), in which this Court held that the Sixth Amendment does not require a trial court to instruct a jury ⁴⁹⁴ that it cannot sentence a defendant to death unless every juror is persuaded beyond a reasonable doubt that the aggravating circumstances outweigh the mitigating circumstances. See S.B. 276, 2013 Leg., Reg.

Sess. (Md. 2013), Revised Fiscal and Policy Note, at 2-3. Senate Bill 276’s Revised Fiscal and Policy Note’s section labeled “Current Law” contains, for example, the following statement: “A court or jury, in considering the imposition of the death penalty, must first consider whether any of 10 aggravating circumstances exist beyond a reasonable doubt.” Id. at 2. The word “jury” does not appear anywhere in Senate Bill 276’s Revised Fiscal and Policy Note’s sections titled “Fiscal Summary,” “Proposed Regulations,” “Status of the Death Penalty Nationally,” “The Office of the Public Defender,” “Department of Public Safety and Correctional Services,” “Judiciary and Office of the Attorney General,” “Additional Comments,” and “Additional Information.” See id. at 1-2, 3-7.

Importantly, in 1989—ie,, more than two decades before the General Assembly repealed the death penalty in 2013—in Woods, 315 Md. at 599-600, 601 , 556 A.2d at 239-40, 241 , this Court held that, under CR (2012) § 2-304’s predecessor, where the State did not seek the death penalty, and instead sought only life imprisonment without the possibility of parole, where a defendant was convicted of first-degree murder, a trial court, not a jury, decided whether to sentence a defendant to life imprisonment without the possibility of parole. Woods remained good law as of 2013, when the General Assembly repealed the death penalty. Thus, when the General Assembly amended CR (2012) § 2-304, the status quo was that a trial court was the only body empowered under CR (2012) § 2-304’s predecessor and case law to impose life imprisonment without the possibility of parole. The General Assembly is presumed to be aware of this Court’s interpretations of statutes.

See, e.g., Moore v. State, 424 Md. 118, 150 , 34 A.3d 513, 531-32 (2011) (“In [amending a statute regarding firearms], the [General Assembly] was aware, and in any event, is presumed to have been aware, of this Court’s interpretation of ‘firearm’ in light of that federal statute.” (Cita ⁴⁹⁵ tions omitted)); Allen v. State, 402 Md. 59, 72 , 935 A.2d 421, 428 (2007) (“The [General Assembly] is presumed to be aware of our prior holdings when it enacts new legislation[,] and, where it does not express a clear intention to abrogate the holdings of those decisions, to have acquiesced in those holdings.” (Citations omitted)). Hence, we presume that, when the General Assembly amended CR (2012) § 2-304, the General Assembly was aware that, under Woods, a jury could not impose life imprisonment without the possibility of parole following a defendant’s conviction of first-degree murder where the State sought only life imprisonment without the possibility of parole and not the death penalty. 6 Tellingly, the Revised Fiscal and Policy Note of Senate Bill 276—through which the General Assembly repealed the death penalty and, in pertinent part, amended CR (2012) § 2-304— does not mention an intent to abrogate or supersede Woods, either in its discussion of “Current Law” or any other section. See S.B. 276, 2013 Leg., Reg. Sess.

(Md. 2013), Revised Fiscal and Policy Note. Nor does Senate Bill 276’s Revised Fiscal and Policy Note mention any intent to alter the principle that, under existing law, only a trial court could impose life imprisonment without the possibility of parole where the State sought only life imprisonment without the possibility of parole, and where the defendant was convicted of first-degree murder. See id. Senate Bill 276’s Revised Fiscal and Policy Note’s failure to reference, let alone discuss, Woods or its holding, or to discuss in any way a change in the manner in which life imprisonment without the possibility of parole is to be imposed, strongly indicates that Senate Bill 276’s purpose was simply to repeal the death penalty, and not to disturb the ⁴⁹⁶ existing sentencing procedures for a defendant who has been convicted of first-degree murder.

As additional support for the determination that the