Donalds v. State

Liss, J., delivered the opinion of the Court. ¹⁰⁷ On February 7, 1978, Gary Donalds, the appellant, was convicted in a trial before the court in the Circuit Court for Washington County (Corderman, J.), of robbery and assault. At the conclusion of the trial he was committed to the custody of the Division of Correction for ten years for the robbery with a concurrent commitment of five years for the assault. On June 16,1978, in an unreported order in Donalds v. Maryland, No. 375, September Term, 1978, and filed on June 19,1978, we dismissed an appeal of the judgment of the Circuit Court for Washington County because of untimely filing. By an order dated November 21, 1978, in post conviction proceedings in the Circuit Court for Washington County (Rutledge, J.), the appellant was granted a belated appeal.

In an unreported per curiam opinion in Donalds v. State, No. 1306, September Term, 1978, and filed on June 19, 1979, we affirmed the February 7,1978 judgment of the Circuit Court for Washington County. In Donalds v. State, 286 Md. 543 , 410 A.2d 16 (1979), the Court of Appeals reversed our affirmance of the February 7, 1978 judgment of the Circuit Court for Washington County because of the failure of the court to comply with the provisions of Maryland Rule 735 d., regarding waiver of a jury trial, as set forth in Countess v. State, 286 Md. 444 , 408 A.2d 1302 (1979). By our order of January 17,1980, we vacated the February 7, 1978 judgment of the Circuit Court for Washington County, and remanded the case for a new trial. On August 5, 1980, the appellant was convicted, in a trial on the same charges, by a jury in the Circuit Court for Washington County (Wright, J.), of robbery.

At the conclusion of the trial he was committed to the custody of the Division of Correction for ten years for the robbery. On appeal the appellant raises two contentions: 1. that he was not brought to trial within the 180 day period set by Maryland Rule 746; 2. that he was denied his right to a speedy trial. The record before us shows that at about 2:00 P.M. on Tuesday, September 13, 1977, when Joan Vink went to her ¹⁰⁸ car in the parking lot of a shopping center, two women hitchhikers asked her for a ride. Vink agreed and the three women entered the car.

As she was preparing to drive away, a man who was sitting, unknown to Vink, in the back seat, put a rope around her neck. Vink, with the aid of a passerby, was able to escape from the car. The man then entered the front seat and drove the car away. A short time later, the police located and stopped Vink’s car.

It was being driven by the appellant and he had the two women hitchhikers with him. 1. Trial within a 180 day period Appellant, relying on Maryland Rule 746 and State v. Hicks, 285 Md. 310 , 403 A.2d 356 (1979), contends that the trial court should have granted his motion to dismiss because he was not brought to trial within 180 days from the date of the filing of the mandate of the Court of Appeals remanding the case for a new trial. Maryland Rule 746 provides: 1 a. General Provision.

Within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 723, a trial date shall be set which shall be not later than 180 days after the appearance or waiver of counsel or after the appearance of defendant before the court pursuant to Rule 723. b. Change of Trial Date. Upon motion of a party made in writing or in open court and for good cause shown, the county administrative judge or a judge designated by him may grant a change of trial date. ¹⁰⁹ The actual retrial occurred two weeks after the