 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Balderston v. Maryland9/9/1992
Opinion by Motz, J.
The sole question presented in this appeal is whether voluntary home confinement, undertaken as a condition of probation, constitutes "custody" which must be considered for purposes of sentencing credit. Under the limited facts of this case, we hold that it does not.
Appellant, Ray Terry Balderston, pled guilty in the Circuit Court for Montgomery County (Messitte, J.) to driving while under the influence of alcohol. Appellant had four prior convictions for driving while intoxicated but had always been placed on probation and then resumed driving while intoxicated. Nevertheless, his defense counsel argued that, because he had entered an alcohol treatment program and had been sober for seven months, he again should be given a suspended sentence, this time with home confinement and attendance at an alcohol treatment program imposed as conditions of probation. Defense counsel conceded that "there is no question that my client deserves jail." Moreover, he expressly recognized "home confinement is not being asked in lieu of jail. It is being asked as a condition of probation." The State's Attorney opposed the request for a suspended sentence and home confinement as a condition of probation. He argued that a 60-day jail sentence was appropriate, that if "ever there was a candidate that the legislature had in mind when enacting the [jail] sentence, this is probably it," that appellant had never been incarcerated, but instead had been given "every opportunity" and had still continued to abuse alcohol. Appellant himself then also requested leniency, recognizing "60 days [in jail] is deservable" but that he had family "responsibilities" (support of a sick father) which should influence the court not to impose a jail sentence.
After considering all of these arguments, the court sentenced appellant to the Montgomery County Detention Center for a period of 60 days, with 45 of those days suspended in favor of a two-year term of probation. As special conditions of probation, appellant was ordered to spend 45 days in a home confinement program; to attend Alcoholics Anonymous meetings as ordered by his probation agent; and to complete the White Flint Recovery Program, a privately-run program for the treatment of alcoholism. At some point after he completed his 45 days in home confinement, appellant stopped going to the White Flint Recovery Program and was terminated from the program. After a hearing, appellant was found to have violated his probation by failing to complete the White Flint Recovery Program; his probation was revoked, and the remainder of his original sentence was reinstated.
Appellant argues that home confinement is tantamount to imprisonment, or at least custodial confinement, and that he is entitled to credit against the remainder of his sentence, pursuant to Md. Ann. Code art. 27, § 638C, for the 45 days he spent in home confinement. Section 638C (a) provides in relevant part:
Credit for time spent in custody before conviction or acquittal. -- Any person who is convicted and sentenced shall receive credit against the term of a definite or life sentence . . . for all time spent in the custody of any state, county or city jail, correctional institution, hospital, mental hospital or other agency as a result of the charge for which sentence is imposed or as a result of the conduct on which the charge is based.
Appellant asserts that home confinement is being "in custody" of an "other agency," within the meaning of § 638C (a).
The Court of Appeals addressed an analogous, but not identical, question in Maus v. State, 311 Md. 85 (1987). There, the
Page 1 2 3 4 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|