18 A.3d 968
Md. Ct. Spec. App.2011Background
- Castellon-Gutierrez pled guilty to robbery with a dangerous weapon on July 22, 2008; circuit court accepted the plea and sentenced him to five years, with all but time served suspended, plus one year of unsupervised probation.
- On December 22, 2009, Castellon-Gutierrez filed a petition for writ of error coram nobis asserting involuntariness of the plea and seeking relief from collateral consequences.
- The circuit court held a hearing on April 13, 2010 and granted the coram nobis petition on May 25, 2010, finding the plea violated due process and Maryland Rule 4-242.
- The State moved for reconsideration on June 15, 2010; the circuit court denied the motion and the State timely appealed.
- The State contends appellee waived coram nobis relief by being advised of the right to leave to appeal and not filing such an application.
- The principal issue is whether Castellon-Gutierrez waived coram nobis relief; the court ultimately reversed, holding waiver applied, and would not address the Rule 4-242 issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of coram nobis rights following guilty plea | State asserts waiver because appellee was advised to leave to appeal and did not file | Castellon-Gutierrez contends waiver did not apply because his plea was invalid and waiver requires valid plea | Waiver found; coram nobis relief denied |
| Whether plea complied with Rule 4-242 | State argues plea compliance; plea valid under standard | Castellon-Gutierrez contends plea violated due process and Rule 4-242 | Not reached due to waiver determination |
Key Cases Cited
- Holmes v. State, 401 Md. 429 (Md. 2007) (waiver presumption when appeal rights not filed after informed)
- Gross v. State, 186 Md. App. 320 (Md. 2009) (adequacy of post-plea advice on appeal rights for waiver)
- Miller v. State, 196 Md. App. 658 (Md. 2010) (post-Holmes waiver analysis; special circumstances)
- Abrams v. State, 176 Md. App. 600 (Md. 2007) (nature of the charge and elements must be conveyed)
- Chmurny v. State, 392 Md. 159 (Md. 2006) (final judgment timing for waivers and appeals)
- Johnson v. State, 142 Md. App. 172 (Md. 2002) (final judgment concept and appeal timing)