Harding v. State

Meredith, J. Travis Harding, appellant, was charged with two counts of second-degree assault. On the date set for trial in the Circuit Court for Baltimore County, Harding entered an Alford plea to one count of second-degree assault. 1 He was sentenced to incarceration for a term of five years, with all but time served suspended. Within ten days after sentencing, Harding filed a motion to withdraw his guilty plea and motion for new trial, both of which were summarily denied without a hearing. Thereafter, Harding filed an application for leave to appeal.

We granted leave to appeal, and transferred the case to the regular docket. QUESTIONS PRESENTED Harding presents the following three questions for our consideration: I. Did the trial court err in accepting Harding's plea of guilty to second-degree assault where the record shows that neither the court, the prosecutor, nor defense counsel explained on the record the elements of second-degree assault and neither Harding nor defense counsel represented that Harding had been informed by counsel of the elements of second-degree assault?

II

Did the trial court err in denying Harding's motion to withdraw the guilty plea and motion for new trial?

III

Did the trial court err in failing either to order a competency evaluation or conduct an inquiry of Harding to determine whether he was competent to plead guilty before accepting his guilty plea? Because the circuit court erred by ruling on Harding's motion to withdraw his guilty plea without granting him the hearing that is required by Maryland Rule 4-242(h), we shall remand this case for further proceedings. FACTUAL BACKGROUND On the morning the case was scheduled for trial, counsel for Harding told the trial judge that Harding was refusing to speak to him. The trial judge informed Harding that he had been "charged with two counts of second-degree assault under Maryland law," and asked, among other things, if he was unhappy with his counsel or wished to proceed to trial with counsel.

Harding's initial response was: "I want a postponement.... I like it in jail.... I do good in jail.... I do good with the people I'm with right now." But Harding subsequently confirmed that he did not wish to fire defense counsel, and he agreed to speak to defense counsel regarding the State's offer to resolve both second-degree assault charges by "recommending a disposition of some sentence suspending all but time served," which would result in Harding's prompt release from the county detention center.

After a recess to allow for that discussion, the parties returned to the courtroom and advised the judge that Harding wished to enter "a plea of guilt [sic] by way of an Alford plea[.]" The prosecutor explained that, upon a finding that Harding was guilty of the second-degree assault of his wife, the State would nol pros the remaining count of second-degree assault. The State asked for "a split sentence, generally suspending all but time served," but also the entry of an order that Harding have no contact with the victim, and that the file be marked as domestically related. During a brief discussion at the bench with counsel, at which Harding was not present, the trial judge asked defense counsel: "Is he okay?" Counsel replied: "I think so. I think he's competent." But the prosecutor then noted that he had observed some unusual conduct on Harding's part during a hearing on a protective order: "[Harding] said something like, 'If I can't see my kids, I just want to die.' ...

They said they had him on suicide watch." Thereafter, the trial judge questioned Harding in open court, and confirmed that he was 40 years old, had some college education, and had served in the military. The judge reviewed the nature of an Alford plea, which the judge described as not admitting guilt but conceding that "there's sufficient evidence if believed that can be adduced by the State that would permit somebody to find me guilty." The judge described a jury trial and the requirement of a unanimous verdict. And the court confirmed that no one had made any threats or promises to induce Harding to agree to enter a plea. The court then stated: THE COURT: All right.

I'm gonna find based on my review of the form that was filled out and initialed by Mr. Harding and signed by him with his counsel, couple[d] with my colloquy with him that his waivers are free, knowing, voluntary and intelligent. May I hear the statement of facts, please? In support of the plea, the prosecutor presented the following statement of facts: [PROSECUTOR]: [On] April 14, 2014, Baltimore County Police responded to [a residence in] Baltimore County. The Defendant, Travis Harding, who is the Defendant here, was attempting [to] file a missing person's report [regarding] his wife, [Ms. T.], and their three children.

The officer was able to contact Ms. T[.] at this time[;] she was not a missing person. The Defendant didn't know where she was. Officer Flynn spoke with her, Your Honor. She indicated that she's afraid of him, that he had made threats against her.

He drinks heavily and has substance abuse which makes it very difficult, indicating that he becomes violent when he becomes intoxicated. She indicated that on April 12, 2014, she had taken her dog for a walk, heard the Defendant yelling obscenities at their [child], heard Defendant yelling at [their child], he hated him and couldn't stand him. [That child] was frightened and hid in the closet with [another child] .... [Ms. T.] advised shortly thereafter the Defendant threw a large plastic popcorn container at their [child], striking [the child] in the face and knocking [the child off a] chair. She left the location with the children [,] fearing for their safety after that incident. There were no signs of physical injury on the child. [Ms. T.] advised, your Honor, March 24 th -she indicates to me that it's actually March 25 th .

It states in the police report March 24 th -but that when she came home from work at 10:30 in the morning, he, the Defendant, accused her of infidelity and not being at work. She went in the bathroom to take a shower, he followed her in there. He pushed her into the bathroom wall, pressed his forearm into her throat, strangling her. She advised that he said to her, "Do you think this is a game?" He applied more pressure to her throat saying, "Look at me, don't look away.

You think I'm joking? I can kill you and will kill you." She said she complied to look at him and he eased the pressure that he had placed on her throat at that time. [Ms. T.] said the Defendant said he would kill her if she ever left with the kids, and that he would find her and take the kids. She said during the strangulation her vision began to fade, she could not breathe and believed if she did not submit to his demand she was going to be killed and her children's lives in danger. Your Honor, all events did occur in Baltimore County.

If called to testify, witnesses would identify this Defendant as the individual who did commit the second-degree assault of his wife, [Ms. T.], and that would be the statement in support of the plea. [DEFENSE COUNSEL]: Your Honor, the only addition would be that there was no 911 call or other report made after this strangling incident. [PROSECUTOR]: That is correct, your Honor. The victim who's here, Ms. T [.], advi[s]es that was not reported prior to the incident with their [child]. THE COURT: [Th]ere's a factual basis for the plea, and I find the Defendant guilty of second-degree assault. The court imposed a sentence of five years, all suspended but time already served, with three years' probation, the first year supervised.

The court also imposed conditions limiting contact with Ms. T. Within ten days after Harding was sentenced, counsel for Harding filed a motion to withdraw his guilty plea, combined with a motion for new trial. The motion asserted, inter alia , that, as soon as Harding had been released from custody on the day of the plea, he was admitted to Sheppard Pratt Hospital. Counsel asserted in the motion that he now had "grave doubts regarding [Harding's] competence to waive his trial rights and enter into a plea agreement." The motion asked the court to hold a hearing on the matter after Harding was released from Sheppard Pratt. Three days later, the court stamped the motion "Considered and DENIED," without any hearing.

An application for leave to file this appeal followed. We granted the application and transferred the case to our regular appeal docket. DISCUSSION I. Harding contends that his guilty plea to one count of second-degree assault must be vacated for three reasons. First, he argues, there is nothing in the record that confirms that he was advised of the elements of second-degree assault or what the State would have to prove to establish that offense before he entered the plea, as required by Bradshaw v. Stumpf , 545 U.S. 175 , 183, 125 S.Ct. 2398 , 162 L.Ed.2d 143 (2005).

Second, Harding's conduct in court at the plea hearing (such as telling the court that he liked being in jail) should have triggered further evaluation of his mental competency on that date. And third, the court was required by Rule 4-242(h) to conduct a hearing on his motion to withdraw his plea, but the court failed to do so. As a preliminary matter, the State asserts that the first and third contentions-regarding the lack of advice regarding the elements of second-degree assault, and the court's failure to conduct a hearing on Harding's motion to withdraw the plea-are not properly before us because, in Harding's application for leave to appeal, those arguments were not expressly articulated as points he proposed to argue if we granted his application. The State urges us to rule that Harding's application for leave to appeal asserted only that he had not been competent to enter into the plea agreement and waive his right to a jury trial.

As a result, the State contends, he is confined to arguing only that claim and may not now make the additional arguments that he was not advised of the elements of second-degree assault and that he was entitled to a hearing on his motion to withdraw his plea. We do not agree that Harding is precluded from raising these