78 A.3d 887
Md. Ct. Spec. App.2013Background
- On Oct. 21, 2008 Detective Sergent observed via shopping-center security monitor a hand-to-hand exchange in Butler’s parked car of a tied-off clear plastic bag; Sergent pulled Butler over and, after questioning, found 80 oxycodone pills in the center console, two oxycodone pills on Butler, cash, and a digital scale in the back seat with cocaine residue. Butler admitted the scale was in his car and knew of the residue.
- Two indictments followed (2008 and 2010); the cases were consolidated. Butler was tried (bench trial), found guilty on multiple counts including possession with intent to distribute and possession of a device adapted to produce a CDS (the scale), and sentenced to lengthy prison terms.
- Butler appealed, raising multiple claims: invalid jury-trial waiver, improper stop (motion to suppress), denial of speedy-trial dismissal, and insufficiency of evidence as to the scale charge under Md. Code, Crim. Law §5-603.
- The Court of Special Appeals (panel authored by Nazarian, J.) held the trial court failed to make the on-the-record finding required by Valonis that Butler knowingly and voluntarily waived his jury right, necessitating reversal and remand.
- The panel reviewed the other issues (to guide remand): it affirmed denial of the suppression motion (reasonable suspicion justified the stop), affirmed denial of the speedy-trial dismissal (Barker factors weighed against relief), and held the evidence sufficed to convict for possession of a device adapted to produce a CDS under the statute as amended.
Issues
| Issue | Butler's Argument | State's Argument | Held |
|---|---|---|---|
| Validity of jury-trial waiver | Waiver invalid because the court did not comply with Md. Rule 4-246(b) and did not make an on-the-record finding that waiver was knowing and voluntary | Waiver was valid based on the colloquy showing Butler understood rights and voluntarily waived them | Reversed: under Valonis the court must announce on the record that the waiver was made knowingly and voluntarily; the colloquy was insufficient |
| Motion to suppress (stop of vehicle) | Stop was illegal: Detective only saw ambiguous conduct (a bag passed) and lacked reasonable suspicion to stop Butler | Totality of circumstances (tied-off bag, hand-to-hand exchange, remote location, officer training/experience) gave reasonable suspicion to stop | Affirmed denial of suppression: reasonable suspicion supported the Terry stop |
| Speedy-trial dismissal (2008 indictment) | 27-month delay violated Sixth Amendment; prejudice from unavailable witness (Thompson) | Delay was largely administrative/neutral or for good cause; Butler asserted right only formally; no demonstrable prejudice | Affirmed denial of dismissal: Barker factors weighed against relief |
| Sufficiency of evidence for device adapted to produce CDS (scale) | Under prior case law (Davis) statute required proof defendant "manufactured" the CDS; scale used to weigh/package another's drug is not device for "production" | Statutory language as amended covers packaging/repackaging "a" CDS; scale with residue and expert testimony supports inference it was used to package for distribution | Affirmed conviction on scale: statutory amendment broadened "manufacture" to include packaging a CDS and evidence supported use for packaging |
Key Cases Cited
- Valonis v. State, 66 A.3d 661 (Md. 2013) (trial court must announce on the record that jury-waiver is knowing and voluntary)
- Davis v. State, 570 A.2d 855 (Md. 1989) (prior construction that "manufacture" included packaging only of substances the defendant produced)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy-trial balancing test)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable-suspicion standard for investigative stops)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of the evidence)
- Williams v. State, 981 A.2d 46 (Md. Ct. Spec. App. 2009) (upholding stop/search after camera-observed hand-to-hand exchange in drug-prone area)
- Holt v. State, 78 A.3d 415 (Md. 2013) (review standards for reasonable-suspicion and deference to officer experience)