State v. Smoot
26 A.3d 1002
Md. Ct. Spec. App.2011Background
- Smoot was charged with possession of a regulated firearm after having been convicted of a disqualifying crime.
- He pled guilty with probation before judgment (PBJ) granted by the trial court.
- The trial court stated it would grant PBJ despite a mandatory five-year minimum under P.S. § 5-133(c).
- The State appealed alleging PBJ was impermissible and the minimum five-year sentence was mandatory.
- The appellate court held the trial court lacked authority to grant PBJ under the statute, vacated the plea, and remanded for a new trial.
- The holding remands because the plea was contingent on PBJ and thus the plea must be vacated and a new trial held.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PBJ was permissible under §5-133(c) | Smoot (State) argues PBJ violated the mandatory five-year minimum | Smoot argues §5-133 does not preclude PBJ | PBJ not permitted; five-year minimum controls |
| Whether lenity provides relief | State contends lenity does not apply | Smoot argues lenity should apply due to alternative §5-622 penalties | Lenity does not provide relief; no ambiguity between statutes |
| Whether plea should be struck because contingent on PBJ | State contends plea could stand and be resentenced | Smoot contends plea was conditioned on PBJ and invalid if PBJ invalid | Guilty plea vacated; remand for a new trial |
Key Cases Cited
- State v. Hannah, 307 Md. 390 (1986) (mandatory minimum felony sentence; prohibition on probation before verdict)
- State v. Kennedy, 320 Md. 749 (1990) (conflict between general and specific sentencing provisions; no PBJ where statute mandates minimums)
- State v. Griswold, 374 Md. 184 (2003) (probation before judgment not permitted after certain sex offense convictions)
- State v. Green, 367 Md. 61 (2001) (review of mandatory sentencing vs. probationary disposition)
- Shilling v. State, 320 Md. 288 (1990) (prohibition on PBJ in DUI context with prior PBJ)
- Kennedy, 320 Md. 749 (1990) (specific vs general sentencing provisions; PBJ applicability)
- Solorzano v. State, 397 Md. 661 (2007) (plea agreement breach remedies; specific performance or withdrawal)
- Alston v. State, 159 Md. App. 253 (2004) (prosecutor's charging discretion with multiple penalties; lenity not triggered)
- Stubbs v. State, 406 Md. 34 (2008) (lenity not applied to different penalty schemes)
- United States v. Batchelder, 442 U.S. 114 (1979) (prosecutor discretion when two statutes proscribe same conduct with different penalties)