Jones v. State

ALPERT, Judge. In March of 1985, Larry Jones, the appellant, pled guilty in the Circuit Court for Baltimore City (Johnson, J., presiding) to robbery with a deadly weapon and daytime housebreaking. The court imposed concurrent sentences of eight years for the robbery and five years for the housebreaking. Execution of the sentences was suspended in favor of a five-year term of probation.

The conditions of probation required the appellant to obey all laws, notify his probation agent at once if arrested, and pay restitution. No appeal was taken from that judgment. In January of 1986, the Division of Parole and Probation filed a Request for Warrant alleging that the appellant had violated the conditions of his probation by being arrested for and convicted of committing certain crimes during the ²⁶⁹ probationary period, by failing to notify his probation agent of the arrests, and by failing to pay the restitution. A hearing was held on March 3, 1987.

At that hearing, the appellant admitted 1 that he had violated the probationary conditions, as charged. His attorney asked him: “Is your plea to the charges guilty or not guilty?” Appellant responded: “Guilty of violating.” The prosecutor presented the following factual basis for the charges: The State alleges Mr. Jones violated three rules of probation. They are as follows: Rule 4, obey all laws. On August 19, 1985 Mr. Jones was arrested and charged with rogue and vagabond, resisting arrest and two counts of battery.

On September 20, 1985 Mr. Jones was found guilty of one count of battery, found not guilty on the other charges. The offense in that situation took place during the time in which Mr. Jones was on probation to the Court. On September 20, 1985 Mr. Jones was arrested and charged with attempted burglary and malicious destruction. Those charges were subsequently nol prossed.

On October 1, 1985 Mr. Jones was arrested and charged with breaking and entering and malicious destruction. On October 29, 1985 Mr. Jones was found guilty of both charges and sentenced to four months to the Division of Correction and it says here eight months’ probation. That offense also took place during the time in which Mr. Jones was on probation to this Court. Rule Number 5.

Mr. Jones failed to notify his probation agent for any of the arrests. ²⁷⁰ Rule 9. He was obligated to pay through the Division of Parole and Probation the sum of $776.00. He failed to pay any fines and costs. The appellant made no additions or corrections.

The court found that the appellant violated the conditions of his probation, revoked the probation, and reimposed the original sentences. This appeal was taken from that judgment. 2 The appellant contends that the trial court erred in failing to specify the evidence relied on and the reasons for revoking probation. He relies upon Smith v. State, 306 Md. 1 , 506 A.2d 1165 (1986). As we observed in