Johnson v. State
22 A.3d 909
Md. Ct. Spec. App.2011Background
- Johnson was convicted in 1992 of assault with intent to murder, assault, handgun offenses, and wearing a weapon.
- Indictments charged attempted murder in the first degree, common law assault, two handgun offenses, and drug offenses; assault with intent to murder was not charged.
- He was sentenced to 30 years for assault with intent to murder, with the assault merged for sentencing; 20 years for handgun use consecutive.
- In 2008 he moved to correct an illegal sentence, arguing the conviction for assault with intent to murder was for an uncharged offense.
- At trial, the jury was instructed on assault with intent to murder, and the jury convicted Johnson of that offense.
- Appellate review concerns whether lack of charging assault with intent to murder divests circuit court of jurisdiction or merely improperly exercised jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does an uncharged offense void the conviction? | Johnson contends the indictment did not charge assault with intent to murder. | State argues subject matter jurisdiction existed; issue is improper exercise, not jurisdictional void. | Appeal dismissed; not lack of jurisdiction, but improper exercise; remedy via direct appeal. |
| Did constructive amendment of the indictment occur? | Indictment did not include assault with intent to murder; defendants were not properly charged. | Trial instructions and verdict sheet constructively amended the indictment; Johnson consented by failing to object. | Constructive amendment occurred; issue waived; appeal dismissed. |
| Can Rule 4-252(d) save a postverdict challenge to indictment? | Rule allows challenges to charging documents at any time. | Indictment defect does not fall into listed categories; circuit court had jurisdiction and issue is moot. | Rule 4-252(d) does not save postverdict defect claim here; appeal dismissed. |
Key Cases Cited
- Hawkins v. State, 291 Md. 688 (Md. 1981) (lesser included offense analysis under Blockburger)
- State v. Jenkins, 307 Md. 501 (Md. 1986) (definition of assault with intent to murder elements)
- Robinson v. State, 353 Md. 683 (Md. 1999) (indictment sufficiency; abrogation of offense by statute)
- Chaney, 304 Md. 21 (Md. 1985) (indictment sufficiency and related principles)
- Sparks v. State, 91 Md. App. 35 (Md. Ct. Spec. App. 1992) ( Maryland constructive-amendment considerations (not resolving in this case))
- Pulley v. State, 287 Md. 406 (Md. 1980) (jurisdiction and proper forum concepts)
- First Federated Comm. Tr. v. Comm'r, 272 Md. 329 (Md. 1974) (distinction between subject matter and improper exercise of jurisdiction)