Landaker v. State

PER CURIAM. In addition to several traffic convictions, the Petitioner, Michael Leroy Landaker, Sr., was convicted in the Circuit Court for Washington County of willful failure to surrender himself after his release on recognizance in violation of Md.Code (1992 Repl.Yol.) Art. 27, § 12B. 1 We granted certiorari to consider whether the Court of Special Appeals erred in its unreported affirmance of Landaker’s conviction for willful failure to surrender himself under § 12B(b). The question presented is: May a person be convicted of and sentenced for a violation of § 12B(b) if the State has not filed a charging document charging the person with that offense? The answer is no.

The offense at issue is set forth in Article 27 § 12B(b) as follows: Any person who has been admitted to bail or released on recognizance in any criminal case in this State who forfeits the bail or recognizance and willfully fails to surren ¹⁴⁰ der himself within thirty days following the date of forfeiture shall be sentenced as provided herein. Maryland Rule 4-201 states: “an offense shall be tried only on a charging document.” “Charging document” means “a written accusation alleging that a defendant has committed an offense” and “includes a citation, an indictment, an information, and a statement of charges.” Md. Rule 4-102(a). In the District Court, an offense may be tried on an information, a statement of charges, or a citation. Md.Rule 4-201(b).

In the circuit court an offense may be tried on an indictment, information, or 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). In this case after Landaker failed to appear for trial in the circuit court on January 8, 1991, he was eventually arrested and brought to trial on the traffic charges. Although no charging document was filed charging Landaker with a violation of § 12B(b), evidence was also presented at trial as to Landaker’s failure to appear on January 8, 1991.

Landaker was ultimately