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State v. Glaser10/5/1992
Opinion by Cathell, J.
On June 30, 1989, an automobile driven by John Charles Glaser, appellee, was traveling in the wrong direction on the inner loop of the Baltimore Beltway when it struck a car driven in the proper direction by Everette Jones. Jones died as a result of the injuries caused by the accident.
The investigation disclosed that appellee's vehicle was being driven northbound in the southbound lane of the beltway. Jones's vehicle left forty-three feet ten inches of skid marks, and there was a veering toward the shoulder of the inside of the inner loop. There was, however, no indication of braking at any time with regard to appellee's vehicle. An open bottle of alcohol was found inside appellee's vehicle, and blood samples drawn from appellee during the hours following the collision indicated that his blood alcohol level was between .22 and .25. Additionally, according to witnesses to the accident, appellee made efforts to leave the scene.
The investigating officer issued two traffic citations to appellee, one for driving while intoxicated and the other for driving the wrong way on a one-way street. Appellee subsequently paid a fine of $35 for driving the wrong way on a one-way street. After the ticket was paid, the State nol prossed the DWI charge.
On September 29, 1989, the State filed an eight-count criminal information charging appellee with automobile manslaughter and related counts. Glaser moved to dismiss Count One (automobile manslaughter) and Count Two (homicide by motor vehicle while intoxicated) on double jeopardy grounds. The motion was denied and the parties proceeded on Count One by way of an agreed statement of facts. Among the facts relied upon by the State to prove automobile manslaughter was the fact that appellee was driving in the wrong direction on the inner loop of the beltway. The court found Glaser guilty and sentenced him to five years incarceration. On appeal, we reversed, stating that the prosecution relied on the fact that Glaser traveled in the wrong direction on the beltway in order to prove grossly negligent conduct and this echoed the traffic citation for which he had previously pled guilty. See Glasser v. State, 87 Md. App. 461 (1991).
On retrial, appellee filed a motion to dismiss the charges. At a hearing held on September 18, 1991, the court dismissed Count One, stating that it would not be possible for the State to prove that charge without showing that Glaser drove on the wrong side of the highway. The court denied appellee's motion as to Counts Two through Eight.
On November 10, 1991, appellee filed a demand for a bill of particulars. The State responded to the demand stating that it intended to prove its case without reference to the fact that Glaser was driving the wrong way on the beltway. At a hearing held on December 17, 1991, the court dismissed Count Two for the same reasons that it had previously dismissed count One. Appellee entered a plea of guilty as to Count Three (driving while intoxicated) and was sentenced to a one-year term of imprisonment, with credit for twenty-two months time served. The State nol prossed the remaining counts and filed a notice of appeal from the dismissal of Counts One and Two.
The State maintains that the trial court improperly dismissed the charges of automobile manslaughter and homicide by motor vehicle while intoxicated on grounds of double jeopardy. Glaser contends that prosecution on manslaughter by automobile is barred by this Court's previous opinion and mandate in Glasser v. State, 87 Md. App. 461 (1991), principles of due process, and res judicata.
LEGAL ANALYSIS
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