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Maryland v. Wadlow9/4/1992
's argument that the jury may not have believed she intended to distribute "that much" (448 or more grams) of the cocaine. How much of the 667.6 grams she intended to distribute and how much of it she intended to keep for her own use would be immaterial at either the trial stage or sentencing stage of the case. Under § 286(a), guilt is established if one possesses cocaine in any amount with the intention to distribute or dispense any part of it; and under § 286(f), the enhanced penalty is called for if one is convicted of possession of cocaine in the amount of 448 grams or more with intent to distribute any part of it because the violation of subsection (a) "involves" 448 grams or more.
We are convinced, therefore, that as a matter of law the evidence before the sentencing judge brought appellant within the mandatory sentencing requirements of Art. 27, § 286(f)(1) and (3). The jury obviously found appellant guilty of possession with intent to distribute on the basis of her joint possession of and control over 667.6 grams of cocaine; there is no other logical or reasonable interpretation of the verdict and the evidence supporting it. Furthermore, it seems fairly clear that the sentencing judge actually concluded that a five year sentence, pursuant to subsection (f) was mandated; there would have been no other permissible basis for him to have increased appellant's sentence under Count I from four years to five.
If a sentence of five years imprisonment must be imposed pursuant to § 286(f), merely imposing a sentence of that length without suspending any part of it will not satisfy the statute. Subsection (f)(3)(ii) specifies that the defendant "may not be eligible for parole except in accordance with Article 31B, § 11 of the Code." In order to comply with that requirement, we believe, it is necessary for the sentencing judge to state for the record, as requested by the prosecuting attorney in this case, that the sentence is imposed pursuant to § 286(f)(3). Otherwise, neither the prison authorities nor the parole board would be aware that the prisoner is not eligible for parole.
For the reasons set forth above, we affirm the conviction but vacate the sentence and remand for resentencing.
CONVICTION AFFIRMED, SENTENCE VACATED, AND CASE REMANDED FOR RESENTENCING.
COSTS TO BE PAID BY APPELLEE/CROSS-APPELLANT, LAUREN MARIE WADLOW.
Disposition
CONVICTION AFFIRMED, SENTENCE VACATED, AND CASE REMANDED FOR RESENTENCING.
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