127 A.3d 576
Md. Ct. Spec. App.2015Background
- Savage was convicted of conspiracy to commit murder (first degree) and second degree murder in Baltimore City cases; sentences included life for conspiracy and 30 years for second degree murder.
- The conspiracy and murder charges were tried on a consolidated indictment; the court treated conspiracy as first-degree conspiracy and stated there is no conspiracy second-degree.
- Savage filed multiple motions to correct an illegal sentence; this is his third such motion on appeal.
- The Maryland Court of Appeals examines whether a conviction for conspiracy to commit murder can be legally inconsistent with a second-degree murder conviction following an acquittal of first-degree murder.
- The court ultimately held that the conspiracy and second-degree murder convictions are not legally inconsistent, and the sentence of life for conspiracy was not improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are conspiracy to murder and second-degree murder legally inconsistent? | Savage argues inconsistency between conspiracy to murder and second-degree murder. | State contends no legal inconsistency; conspiracy to first-degree murder remains valid and separate from murder. | Not legally inconsistent |
| May the trial court merge conspiracy and murder for sentencing purposes? | Conspiracy could be merged with the underlying murder for sentencing. | No merging; separate elements support separate sentences. | No mandatory merger; sentencing discretion preserved |
| Did the acquittal on first-degree murder render the conspiracy conviction invalid? | Acquittal on first-degree murder undermines conspiracy to commit murder. | Conspiracy exists independently of the substantive murder charge; acquittal does not invalidate conspiracy. | Acquittal does not invalidate conspiracy conviction |
Key Cases Cited
- Price v. State, 405 Md. 10 (2008) (legally inconsistent verdicts can be rejected if not meaningful)
- Mitchell v. State, 363 Md. 130 (2001) (conspiracy to commit first-degree murder separate from actual crime; not limited by degree)
- Shell v. State, 307 Md. 46 (1986) (inconsistent verdicts on counts with same facts can be invalid)
- Leet v. State, 203 Md. 285 (1953) (historical basis for inconsistent verdicts on same indictment)
- Bishop v. State, 218 Md. App. 472 (2014) (conspiracy sentence does not merge with murder sentence)
- Grandison v. State, 305 Md. 685 (1986) (conspiracy to murder is separate from substantive crime)