Linkey v. State

³¹³ Wilner, J., delivered the opinion of the Court. On March 16, 1979, appellant was indicted for the first degree murder of one Burl Daniel Howell, Jr. On June 11, 1979, pursuant to Maryland Rule 736, he moved to suppress (1) in general, all incriminating evidence against him, on the theory that it was obtained as a result of either an illegal arrest or an unlawful search and seizure, and (2) in particular, all statements taken from him by the police, on the premise that they were taken in violation of his State and Federal Constitutional rights. After an evidentiary hearing, the Circuit Court for Cecil County, on July 31, 1979, denied the suppression motion, except as to certain statements made on January 30, 1979, which it suppressed. All other statements were held to be given voluntarily and in compliance with the requirements of Miranda v. Arizona, 384 U.S. 436 (1966), and the other evidence challenged by appellant was held to have been properly obtained.

At some point prior to the commencement of trial on August 9,1979, the parties (and the court) entered into what they considered to be a "plea bargain.” What this involved, essentially, was (1) appellant maintaining his plea of not guilty, (2) the State proceeding upon an "agreed statement of facts” on a charge of second degree murder and agreeing not to prosecute the heavier charge of first degree murder, and (3) the court agreeing (subject to considering a presentence investigation report) to a sentence not to exceed 30 years with the last 12 years suspended, thus involving a maximum period of incarceration of 18 years. The first part of this was made manifest when, at the commencement of trial, the State’s Attorney announced: "And by agreement, we are going to proceed on an agreed statement of facts. And, basically, Your Honor, with regard to the charge that on or about January 16, 1979, the Defendant, David Gibson Linkey, Jr., proceeded to the home of Burl Howell, Jr., located on Dogwood Road, Cecil County, ³¹⁴ Maryland, where an argument ensued over Buella Ruth Thompson. Miss Thompson was living at the residence of Burl Howell, Jr. at that time.

The Defendant accused Mr. Howell with making improper advances toward Miss Thompson. The Defendant grabbed a knife from the kitchen and stabbed Mr. Howell several times, which caused his death. This was done with malice, but without premeditation, deliberation, and without justification, excuse or mitigating circumstances.” This statement was stipulated to by appellant. No other evidence was offered; and no other statements bearing on the facts of the case or on appellant’s guilt were made.

Solely upon the stipulation quoted above, the court pronounced appellant guilty. On November 13, 1979, after reviewing a presentence investigation report, the court abided by its part of the agreement and sentenced appellant to 30 years imprisonment, with the last 12 years suspended. In this appeal, appellant complains only about the denial of his suppression motion. With respect to the various statements he made to the police, he claims that they were coercively obtained and were therefore "involuntary and inadmissible.” The physical evidence obtained by the police from appellant’s girlfriend — certain knives, clothing, and a letter — he says was "illegally seized.” The threshold, and decisive, question before us, however, is whether these issues have been preserved for appellate review.

We think they have not. The reason for this becomes clear when we look at what transpired at appellant’s trial. His conviction rested solely upon an agreed statement of ultimate facts. He stipulated that he had stabbed Howell to death and that he had done so with malice and without premeditation, deliberation, justification, excuse, or mitigating circumstance.

All the court was asked to do was to determine whether, as a matter of law, those facts sufficed to constitute second degree murder. See Barnes v. State, 31 Md. App. 25, 35 (1976); Gray v. State, 38 Md. App. 343 (1977), cert. den. 282 Md. 732 (1978). ³¹⁵ In light of this agreement as to ultimate facts, it was, of course, unnecessary to offer, or even refer to, any more particular evidence tending to prove those facts. For that