Briggs v. State

GREENE, J. In 2001, Troy Briggs (“Petitioner”), was convicted in the Circuit Court for Baltimore County of distribution of cocaine. Maryland Code (2002, 2009 Supp.), § 5-608(c) of the Criminal Law Article, 1 provides a mandatory sentence, for offenders in Petitioner’s situation, if the court finds that, among other things, the offender has been convicted twice previously, on separate occasions, for certain offenses involving controlled dangerous substances. Petitioner had two prior convictions for possession with intent to distribute cocaine. These were offenses involving controlled dangerous substances, they had taken place three weeks apart, and each offense had been charged in a separate statement of charges. 2 The court ²⁶⁸ concluded that § 5-608(c) therefore applied to Petitioner and imposed the sentence that § 5-608(c) mandates.

Petitioner argues that this sentence was illegal. He explains that § 5-608(c) only applies when a defendant has been previously convicted of two offenses, one of which was “committed after there has been a charging document filed for the preceding crime.” Accordingly, Petitioner claims that when he committed his second offense on July 17, 1990, an adequate charging document for his first offense on June 25, 1990, had not yet been filed. He acknowledges that the State filed a statement of charges in the District Court for his first offense before he committed his second offense, but he also points out that he could not have been tried in the District Court on the statement of charges. The State ultimately filed a criminal information in the Circuit Court for Petitioner’s first offense, but not until after Petitioner committed the second offense.

Petitioner argues that the criminal information filed in the Circuit Court, not the statement of charges filed in the District Court, constituted the “charging document” for his first offense because the District Court did not have jurisdiction to decide his case on the merits. The criminal information filed in the Circuit Court, which did have jurisdiction to decide his case on the merits, was not filed until after Petitioner committed his second offense. Accordingly, Petitioner argues that § 5-608(c) did not apply to him and that he should not have received the enhanced sentence mandated by § 5-608(c). The Circuit Court and the Court of Special Appeals both rejected this argument, concluding that the statement of charges was a “charging document” under § 5-608(c).

Similarly, we conclude that the statement of charges was a “charging document” under that statute. We shall therefore affirm the judgment of the Court of Special Appeals. ²⁶⁹ Procedural Background This case originated in the Circuit Court for Baltimore County, where Petitioner was charged with distribution and possession of cocaine. He was convicted of distribution of cocaine on May 7, 2001, and was subsequently sentenced to a term of 25 years incarceration without the possibility of parole pursuant to former Maryland Code (1957, 1996 Repl.Vol., 2001 Supp.), Article 27, § 286(d), now codified without relevant changes as Maryland Code (2002, 2009 Supp.), § 5-608(c) of the Criminal Law Article. Petitioner later filed a Motion to Correct Illegal Sentence, and the Circuit Court denied that motion.

Petitioner noted a timely appeal to the Court of Special Appeals, which affirmed the Circuit Court’s judgment in an unreported opinion on March 20, 2009. Petitioner subsequently submitted a petition for certiorari to this Court, which we granted. Briggs v. State, 409 Md. 44 , 972 A.2d 859 (2009). Facts Petitioner’s conviction in the present case was not his first.

On June 25, 1990, Petitioner was arrested for possession with intent to distribute cocaine (“Offense One”). He was arrested that same day, a statement of charges was filed in the District Court for Baltimore City the following day, and a criminal information was filed in the Circuit Court for Baltimore City two months later, on August 28, 1990. Petitioner was convicted of Offense One in the Circuit Court on May 10, 1991. Petitioner was also arrested for possession with intent to distribute cocaine (“Offense Two”) on July 17, 1990.

Petitioner was arrested that same day, a statement of charges was filed the next day, and a criminal information was filed in the Circuit Court for Baltimore City two months later, on September 12, 1990. Petitioner was also convicted of Offense Two in the Circuit Court on May 10,1991. The conviction that led to this appeal occurred almost exactly ten years later. On May 7, 2001, Petitioner was convicted of distribution of cocaine, an offense that he committed on March 15, 1999.

The trial court held a sentencing ²⁷⁰ hearing and, on April 10, 2002, imposed a sentence of 25 years incarceration without the possibility of parole. This sentence was based on the trial court’s determination that Petitioner was a third-time offender under § 5-608(c), which provides mandatory penalties for individuals who had previously committed two prior offenses involving controlled dangerous substances. The trial court explained: Well, for purposes of my decision today it’s dictated by the statute, [§ 5-608(c)]. The sentence must be a term of incarceration for 25 years without the possibility of parole.

So I mean, I don’t have an option on that. Six years later, Petitioner filed a motion challenging his sentence. He argued that the trial court’s decision to impose a mandatory sentence pursuant to § 5-608 was illegal because he had not been previously convicted on “separate occasions,” as required by the statute. Under the statute, convictions occur on “separate occasions” if “the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.” § 5-608(c)(4) of the Criminal Law Article; see also McGlone v. State, 406 Md. 545, 558-61 , 959 A.2d 1191, 1195-1200 (2008) (explaining the identification of “two separate occasions” under Maryland Code (1957, 1982 Repl.Vol., 1986 Cum.Supp.), Article 27, § 643B(c), which also provided enhanced punishments for three-time offenders).

The statement of charges for Offense One was filed in the District Court before Petitioner committed Offense Two. The criminal information for Offense One, however, was filed in the Circuit Court after Petitioner committed Offense Two. Petitioner argued that the criminal information, not the statement of charges, was the “charging document” for Offense One because it was the document filed in the court with jurisdiction over Petitioner’s case. Accordingly, Petitioner concluded that he “did not commit [Offense Two] until after a charging document was filed [for Offense One], thereby making [Petitioner] ineligible for sentencing under [§ 5-608(c)].” The Circuit Court in the present case denied Petitioner’s motion, concluding that the statement of charges filed for ²⁷¹ Offense One was a “charging document” for purposes of § 5-608(c)(4).

The court explained: It strikes me that the plain language of the statute allows for exactly what occurred here and that the intent of the statute is that the person be basically on notice of a filing of charges before the commission of the next subsequent offense. On notice can be by way of [a] charging document in the district court as well as a charge brought originally in the circuit court. I am saying I think the statute is worded the way it was because the intent was a notice issue, not that the final charges be filed in the court which would ultimately have jurisdiction. So for those reasons, I do think the statutory prerequisite was met here on the records that were admitted and I will deny the motion.

Petitioner appealed the Circuit Court’s judgment to the Court of Special Appeals, which affirmed. The intermediate appellate court agreed with the Circuit Court that the statement of charges filed in the District Court for Offense One was a “charging document” for purposes of § 5—608(c)(4). The Circuit Court explained that “the function of the ‘charging document’ requirement in the enhanced sentencing statute is not to sort out the respective trial responsibilities of the circuit and district courts but to put potential repeat offenders on notice as to the perils of recidivism.” The court also noted that the statute refers “not to ‘the charging document’ but to ‘a charging document,’ recognizing, by the use of the indefinite article, the variety of the items referred to.” Finally, the court stated that “[w]hat is absolutely dispositive ... is the definition of ‘charging document’ provided by the Court of Appeals in the Maryland Rules of Criminal Procedure.” The court quoted both Rule 4-102(a) (2009), which includes “a statement of charges” within the definition of a “charging document,” and Rule 4—102(j), which states that a “ ‘[statement of charges’ means a charging document....” The court ²⁷² also noted that Maryland Code (2001, 2008 RepLVol.), § 1-101 of the Criminal Procedure Article, includes “a statement of charges” within its definition of a “charging document.” Petitioner has presented the following questions for our review: 1. Does a statement of charges filed in the District Court qualify as a “charging document” for purposes of the enhanced penalty provision of former Article 27, § 286(d), which was recodified without substantive change and is now located in § 5-608 of the Criminal Law Article, when the offense for which the defendant was charged in the statement of charges was not within the District Court’s jurisdiction? 2.

Did the trial court impose an illegal sentence when it sentenced [Petitioner] as a third-time offender under former Article 27, § 286(d), when [Petitioner] committed his second predicate offense before a charging document was filed with respect to his first predicate offense? We answer the first question in the affirmative and the second question in the negative. Discussion The parties agree that the only issue before this Court is whether the statement of charges filed in the District Court for Offense One was a “charging document” within the meaning of § 5-608(c)(4). If we conclude that it was a “charging document,” then we should affirm the judgment of the Court of Special Appeals, which upheld Petitioner’s sentence.

If we conclude that it was not, then we should reverse the judgment of the Court of Special Appeals and remand the case for a new sentencing hearing. Upon our review of the statute, we conclude that the statement of charges filed in this case was a “charging document” under § 5-608(c)(4). Accordingly, we affirm the judgment of the Court of Special Appeals. Section 5-608 of the Criminal Law Article sets forth penalties for engaging in certain prohibited conduct involving controlled dangerous substances.

Section 5-608(c) establishes ²⁷³ mandatory penalties for individuals who have been previously convicted of two offenses involving controlled dangerous substances. Section 5-608(c) states, in relevant part: (c) Third time offender.— (1) A person who is convicted under subsection (a) of this section ... shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $100,000 if the person previously: (i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5-609 of this subtitle, or § 5-614 of this subtitle; and (ii) has been convicted twice, if the convictions arise from separate occasions: [ 3 ] ²⁷⁴ 1. under subsection (a) of this section or § 5-609 of this subtitle; ... (4) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime. § 5-608(c) of the Criminal Law Article. The parties agree that this statute applies to Petitioner in all respects except for one: they disagree about the meaning of the term “charging document” in § 5-608(c)(4).

Petitioner argues that at the time of his conviction in the present case, he had not been convicted of a second offense that was “committed after there [had] been a charging document filed for the preceding crime.” § 5-608(c) of the Criminal Law Article. Prior to his conviction in the present case, Petitioner undoubtedly had been convicted of two offenses of the type identified in § 5—608(c)(1). Section 5—608(c)(4), however, requires more. It requires not only that the defendant has been previously convicted of two applicable offenses, but also that he committed the second of those offenses “after there has been a charging document filed for the preceding crime.” § 5-608(c)(4) of the Criminal Law Article.

The State filed a .statement of charges in the District Court for Offense One before Petitioner committed Offense Two; a criminal information for Offense One, however, was not filed in the Circuit Court until after Petitioner committed Offense Two. We must therefore determine whether the statement of charges filed in the District Court was a “charging document” under § 5-608(c)(4). We explained recently the canons we apply when interpreting a statute: “ ‘The cardinal rule of statutory interpretation is to ascertain and effectuate the intent of the Legislature.’ ” Lonaconing Trap Club, Inc. v. Md. Dept. of the Env’t, 410 Md. 326, 338 , 978 A.2d 702, 709 (2009) (quoting Bd. of Educ. v. Zimmer-Rubert, 409 Md. 200, 21 [4], 973 A.2d 233, 241 (2009)). “ ‘Statutory construction begins with the plain language of the statute, and ordinary, popular understand ²⁷⁵ ing of the English language.’ ” United States v. Ambrose, 403 Md. 425, 438 , 942 A.2d 755, 763 (2008) (quoting Kushell v. Dep’t of Natural Res., 385 Md. 563, 576-77 , 870 A.2d 186, 193-94 (2005)). “ ‘[We] neither add nor delete language so as to reflect an intent not evidenced in the plain language of the statute; nor [do we] construe the statute with forced or subtle interpretations that limit or extend its application.’ ” Lonaconing, 410 Md. at 339 , 978 A.2d at 709 (quoting Ambrose, 403 Md. at 43 [8-3]9, 942 A.2d at 763 ). “This Court reads the statute as a whole to ensure that none of its provisions are rendered meaningless.” Id. We will not construe a statute to reach a result “ ‘that is unreasonable, illogical, or inconsistent with common sense.’ ” Id.

(quoting Zimmer-Rubert, 409 Md. at 215 , 973 A.2d at 242 ). If the language of the statute is clear and unambiguous, we need look no further than the language of the statute to ascertain the Legislature’s intent. Anderson v. Council of Unit Owners of the Gables on Tuckerman Condominium, 404 Md. 560, 572 , 948 A.2d 11, 19 (2008). When the language of the statute is subject to more than one interpretation, it is ambiguous and we usually look beyond the statutory language to the statute’s legislative history, prior case law, the statutory purpose, and the statutory structure as aids in ascertaining the Legislature’s intent.

Id.; see also Kortobi v. Kass, 410 Md. 168, 177 , 978 A.2d 247, 252 (2009); Chesapeake Charter, Inc. v. Anne Arundel County Bd. of Educ., 358 Md. 129, 135 , 747 A.2d 625, 628 (2000). Where a statute is ambiguous, we also “consider ‘the consequences resulting from one meaning rather than another, and adopt that construction which avoids an illogical or unreasonable result, or one which is inconsistent with common sense.’ ” Chesapeake Charter, Inc., 358 Md. at 135 , 747 A.2d at 628 (quoting Tucker v. Fireman’s Fund Ins. Co., 308 Md. 69, 75 , 517 A.2d 730, 732 (1986)). Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC, 412 Md. 308, 314-15 , 987 A.2d 48, 52-53 (2010).

We have also explained that “[t]he plain language of a provision is not interpreted in isolation. Rather,; we analyze the statutory ²⁷⁶ scheme as a whole and attempt to harmonize provisions dealing with the same subject so that each may be given effect.” Kushell, 385 Md. at 577 , 870 A.2d at 193 . We see no ambiguity in the phrase “charging document” as it is used in § 5-608(c)(4). The General Assembly did not define that phrase in § 5-608(c) or elsewhere in the Criminal Law Article, but the plain meaning of the phrase is evident from its common use.

The predecessor statute to § 5-608(c) was enacted in 1988. At that time, as now, the Rules of Procedure adopted by this Court defined a “charging document” as including a statement of charges. Md. Rule 4-102(a) (2009); Md. Rule 4-102(a) (1990); Md. Rule 4-102(a) (1987). A statement of charges has long been included in the definition of “charging document”; indeed, the rules from which we derived Rule 4-102(a) also included a statement of charges in the definition of a “charging document.” Howlett v. State, 295 Md. 419, 423-24 , 456 A.2d 375, 378 (1983) (discussing former Rule 702 a and former District Rule 702, which together defined a “charging document” as including a statement of charges).

Furthermore, the Maryland Rules defined then, as now, a “statement of charges” as “a charging document.” Md. Rule 4-102(j) (2009); Md. Rule 4-102(i) (1990); Md. Rule 4-102(i) (1987). We have also recognized in numerous cases that a statement of charges is a “charging document.” See, e.g., Blake v. State, 381 Md. 218 , 223 n. 3, 849 A.2d 410 , 413 n. 3 (2004) (referring to a statement of charges as a “charging document” for purposes of Rule 4—212(e)); State v. Smith, 305 Md. 489, 497-99 , 505 A.2d 511, 516 (1986) (discussing use of a statement of charges as a “charging document”); State v. Boozer, 304 Md. 98, 100 , 497 A.2d 1129, 1129-30 (1985) (referring to a statement of charges as a “charging document”); Busch v. State, 289 Md. 669, 671-72 , 426 A.2d 954, 955 (1981) (same); Huger v. State, 285 Md. 347, 348 , 402 A.2d 880, 882 (1979) (same). These rules and cases demonstrate that the well-established meaning of “charging document” included a statement of charges when the General Assembly enacted the statute now codified as § 5-608(c). ²⁷⁷ Nothing in § 5-608(c) suggests that the General Assembly intended to deviate from the well-established meaning of the phrase “charging document.” That term is used in § 5-608(c)(4) without any qualification. Notably, the General Assembly did not specify that the “charging document” must be an indictment or a criminal information, that it must be the final charging document filed in the case, or that it must be filed in any particular court.

This lack of qualification demonstrates that the General Assembly intended for “charging document” in § 5-608(c)(4) to mean what it was, and is, commonly understood to mean, and that includes a statement of charges. We see nothing in the statute itself that contradicts this conclusion, nor has Petitioner pointed to any such contradictory language in the statute. Accordingly, we conclude that the plain meaning of “charging document” unambiguously includes a statement of charges. 4 Our inquiry could stop here, as we have concluded that the statute is unambiguous in regard to the meaning of “charging document.” 5 We shall nonetheless discuss other evidence ²⁷⁸ that supports the meaning of “charging document” in § 5-608(c)(4) because that evidence further supports our conclusion. In addition, we discuss the matter further to address Petitioner’s remaining contentions.

The General Assembly has demonstrated explicitly that it views a statement of charges as a “charging document.” In 2001, the General Assembly enacted § 1—101(b) of the Criminal Procedure Article, which defines a “charging document” as including a statement of charges. Md.Code (2001), § l-101(b) of the Criminal Procedure Article. This definition is relevant to our interpretation of § 5-608(c)(4) even though it was enacted several years after the enactment of the statute now codified as § 5-608(c). By enacting § l-101(b), the General Assembly demonstrated that it understood the phrase “charging document” to include a statement of charges.

The General Assembly could have subsequently amended § 5-608(c)(4) to indicate that “charging document” in that statute did not include a statement of charges. The General Assembly instead left “charging document” unmodified in § 5-608(c)(4). There is also no evidence in the legislative history for either § 5-608(e) or § 1-101(b) to suggest that the General Assembly viewed a statement of charges as not constituting a “charging document.” 6 ²⁷⁹ If the General Assembly had intended to exclude a statement of charges from the definition of “charging document” in § 5-608(c)(4), the General Assembly could have made that explicit in the legislative history for either § 5-608(e) or § 1—101(b). 7 There is no such suggestion in the legislative history for either statute. Petitioner nonetheless argues that the statement of charges filed for Offense One did not constitute a “charging document” because it was filed in the District Court.

At the time of the offense, the District Court did “not have jurisdiction to try a criminal case charging the commission of a felony,” subject to some exceptions. Md.Code (1974, 1989 RepLVol.), § 4-302 of the Courts & Judicial Proceedings Article. Offense One was a felony that did not fall into any of the relevant exceptions, so it could not have been tried in the District Court. 8 Instead, the Circuit Court had jurisdiction to try the charge contained in Offense One. A case in the Circuit Court, however, could have been tried only on an indictment, criminal information, or “a charging document filed in the District Court for an offense within its jurisdiction if the defendant is entitled to and demands a jury trial or appeals from the judgment of the District Court.” Md. Rule 4-201(c) (1990).

In the present case, a criminal information was filed ultimately in the Circuit ²⁸⁰ Court for Offense One, but not until after Petitioner committed Offense Two. Accordingly, Petitioner argues that the criminal information, not the statement of charges, was the “charging document” contemplated by § 5-608(c)(4). We disagree that the District Court’s lack of jurisdiction to try Offense One affects the applicability of § 5-608(c). The plain meaning of the statute includes no limitation on where a charging document must be filed, only that it be filed.

As we have explained, a statement of charges is undoubtedly a charging document, and the filing of a charging document is what § 5-608(c)(4) requires. Furthermore, § 5-608(c)(4) does not state that