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Locklear v. Maryland11/4/1992
Appellant, George F. Locklear, Jr., was charged in the District Court for Baltimore County with a variety of traffic offenses. After he prayed a jury trial, the charges were transferred to the Circuit Court for Baltimore County. Appellant then waived a jury trial and proceeded on a "Not Guilty, Agreed Statement of Facts." Appellant was convicted of driving while his license was suspended or revoked and was sentenced to two years of imprisonment, with all but eighteen months suspended. He was also convicted of driving while intoxicated, and sentenced to a concurrent term of sixty days of imprisonment.
Upon appeal, appellant asks, "Was the court clearly erroneous not to grant defendant's Motion for Judgment of Acquittal where there was no evidence that defendant was
traveling on a public highway under Transportation Article Section 21-101.1.?" We note with interest that in the Table of Contents of his brief appellant posits, "The dirt mounds on the private property of Genstar was not a public highway; therefore, the defendant cannot be found guilty of violating Transportation Article Section 16-303(c) or 21-902(b)." As we shall point out, infra, he is only partially correct.
The State presented the following "Agreed Statement of Facts":
On September 14th of 1991, at about 5:44 p.m., Officer Harclerode of the Baltimore County Police Department was eastbound on Philadelphia Road passing a Genstar property. The Officer observed the Dodge truck on the north side of the Genstar property on top of a dirt mound. The Officer then observed a white male subject, later identified as the Defendant present before the Court today, George Locklear, seated next to counsel at the Defense trial, trial table grab a white female identified as Robin Bridge by the hair, dragging her towards the Dodge truck. The Officer entered the Genstar property knowing that the business hours were over and the property was posted for no trespassing. The Officer pulled up to the Dodge truck that had Maryland tags 421434M observing the Defendant forcibly holding the victim, Robin Bridge, to the passenger side of the vehicle. Also standing outside the vehicle was George Woodfin. In the passenger's side front seat was Arthur Gamble (phonetically). As soon as the, Robin Bridge, as soon as Robin Bridge observed the Officer, she ran towards the Officer stating that George Woodfin was her boy friend, but that the Defendant tried to keep her from leaving the location. Robin said the Defendant was driving the vehicle in reckless manner trying to -- mounds. She hit she -- head numerous time inside the vehicle as she drove up the mounds. So when the Defendant stopped the vehicle, she could get out trying to leave so she wouldn't get her -- hurt driving with them.
Officer observe, while talking to the victim, Robin, a white male walk away from, or walk from the truck and leave the area. The subject was located westbound on Philadelphia Road walking by Officer Dargan and was transported Baltimore County to the location where he was identified as Hank Woodfin. All the male subjects appear to be intoxicated. A strong odor of alcoholic beverage was observed. The Officer stated, or started to ask for identification from the subject, Locklear. And Robin Bridge, producing identification as the Officer approach the vehicle, asking who was the driver the vehicle, Defendant made the comment that Hank Woodfin took the keys, truck keys with him. The Defendant was in the driver's seat looking for the keys when he switched places with Arthur Gamble, who was in the passenger's seat. The Officer observed the Defendant hand Arthur something and th
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