Williams v. State
200 Md. App. 73
Md. Ct. Spec. App.2011Background
- Trial held April 19–20, 2010 in Montgomery County Circuit Court.
- Jury convicted Williams of possession of cocaine and fleeing and eluding.
- Sentence imposed: four years with 18 months susp, three years probation for possession; one year concurrent for fleeing.
- Appellant timely appealed raising four issues on lesser included offense and statutory elements.
- Court affirmed possession conviction, reversed fleeing and eluding conviction; prospective disposition to address in discussion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is possession a lesser included offense of distribution under the facts? | Williams contends possession is not a lesser included offense. | State argues possession is a lesser included offense under the elements test. | No error; possession properly given as lesser included. |
| Was the lesser included instruction given sua sponte improper? | Skrivanek requires explicit party request/agree to instruction. | State affirmatively agreed to instruction. | Not error; State affirmatively agreed; instruction proper. |
| Did the fleeing and eluding instruction for by-foot vs by-vehicle have correct elements? | Question whether vehicle need be marked as official vehicle. | Elements interpreted to require marked vehicle and uniform. | Proceedings upheld; instruction allowed. |
| Was there sufficient evidence to convict of fleeing and eluding? | Evidence insufficient due to unmarked vehicle. | Evidence supported conviction under statute. | Affirmed as to possession; reversed as to fleeing and eluding due to lack of element. |
Key Cases Cited
- Skrivanek v. State, 356 Md. 270 (Md. 1999) (prosecution may affirmatively agree to lesser offense instruction)
- Hagans v. State, 316 Md. 429 (Md. 1989) (prosecution/defense strategy governs inclusion of lesser offense)
- Anderson v. State, 385 Md. 123 (Md. 2005) (possession is a lesser included offense of distribution under tests)
- Smith v. State, 412 Md. 150 (Md. 2009) (limits on when lesser included instruction allowed; pre-argument notice)
- Cost v. State, 417 Md. 360 (Md. 2010) (instructions read together; no prejudice if correct; defense theory considered)
- Fleming v. State, 373 Md. 426 (Md. 2003) (instructions must adequately cover issues raised by evidence)