Smith v. State

Thompson, J., delivered the opinion of the Court. David Ernest Smith, the appellant, pleaded guilty to murder in the second degree in the Circuit Court for Prince George’s County, Judge Perry G. Bowen, Jr., presiding. 1 ⁶³⁵ Smith initially contends that the plea should not have been accepted by the court. The record discloses that after a general plea of not guilty had been entered to the indictment; after a jury had been empaneled; after opening statements had been made; and after four witnesses had testified on behalf of the prosecution, counsel for the accused announced to the court: “I would like to at this time withdraw the plea of not guilty on [sic] murder in the first degree. I would like to enter a plea of guilty of murder in the second degree.

I would like to add, for the record, that all features on all counts on all charges have been thoroughly explained to the defendant, and who does this of his own choice, voluntarily, with no promises or inducements. I say that in open court. He is sitting here and I am sure he will agree to that. And it is my further understanding that in view of this plea that the State now has certain recommendations or motions to make.” The trial judge then interrogated the accused as follows: “THE COURT: Smith, stand up.

Did you hear what your attorney said to the Court ? “THE DEFENDANT: Yes, Your Honor, I did. “THE COURT: You understand that you are currently in the midst of a trial for murder,— “THE DEFENDANT: Yes, sir. “THE COURT: —as to which you have entered a plea of not guilty; you understand that ? “THE DEFENDANT: Yes, sir. “THE COURT: You understand this murder indictment charges you with three offenses, murder in the first degree, murder, and manslaughter? You understand that? There are three degrees or levels of this crime of murder; do you understand that ? “THE DEFENDANT: Yes, Your Honor. “THE COURT: You understand that Mr. Smith [Appellant's attorney below] has offered to the Court that you desire to withdrawn your plea of not guilty generally to this charge and to plead not guilty to ⁶³⁶ murder in the first degree, but guilty of murder? Do you understand that ? “THE DEFENDANT: Yes, sir. “THE COURT: Do you understand that if the Court accepts your plea of guilty to murder that it will not be necessary for the State’s Attorney to prove beyond a reasonable doubt that you are guilty of murder, but rather than presume that you are innocent, as it does now, you will be presumed to be guilty and there will be no further question of your guilt or innocence of murder ?

Do you understand that ? “THE DEFENDANT: Yes, Your Honor. “THE COURT: Do you understand that the maximum sentence for this offense is confinement for a period of 32 years in the penitentiary ? 2 “THE DEFENDANT: Yes, sir. “THE COURT: You understand that? “THE DEFENDANT: Yes, sir. “THE COURT: Do you understand that if the Court accepts this plea it could forthwith sentence you to that period of confinement without any further proceedings ? “THE DEFENDANT: Yes. “THE COURT: Speak up. “THE DEFENDANT: Yes, Your Honor. “THE COURT: Are you satisfied with the representation that Mr. Smith and his associate here at the trial table have given you in this case? “THE DEFENDANT: Yes, Your Honor. “THE COURT: Is the reason that you desire to change your plea from not guilty to guilty of murder the fact that you did in fact kill Nellie Veronica Forbes, and murder her, and not for any other reason ? “THE DEFENDANT: Can you repeat that, please? “THE COURT: Is the reason that you now offer to plead guilty to murder because you did in fact kill and murder Nellie Veronica Forbes and not for any other reason ? ⁶³⁷ “THE DEFENDANT: No. “THE COURT: Very well, you may be seated. Madam Clerk, you may