Phelps v. State

Powers, J., delivered the opinion of the Court. Mary Patricia Phelps pleaded guilty in the Circuit Court for Prince George’s County to a violation of the laws relating to controlled dangerous substances. She was sentenced to serve a term of four years, but execution of the sentence was suspended, and she was placed on probation, subject to 12 general conditions, and the special condition that she continue urine specimens through the Department of Parole and Probation. The record shows that the rules were read to her in the presence of her attorney, and that she indicated her ac ³⁴³ ceptance and agreement to comply with the rules by affixing her signature, on 9 September 1971.

In a special report and request for warrant dated 5 May 1972 the assigned probation agent reported that numerous urine samples taken from appellant had shown the presence of drugs. The agent also reported that she had informed appellant that she must enroll herself in a narcotic therapeutic community in Baltimore known as the X-Cell House, and stay until the authorities there discharged her. She stated that appellant entered the House on 19 April and left without permission on 25 April. A warrant was issued, and came before the court for hearing on 20 June 1972.

The court excluded any evidence of the results of tests of appellant’s urine samples, for lack of a proper foundation for the admissibility of such evidence. The probation agent testified to her requirement, communicated verbally to appellant, that appellant enter the X-Cell House and remain until released. She further testified that she had been informed by the authorities at the House that appellant had left after six days, without permission. General condition No. 7, imposed by the court and accepted by appellant, provided: “That the probationer shall report promptly to the probation