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Anthony v. State9/4/1997
e explained:
Since 'the fact of prior misconduct' must be established as a prerequisite to obtaining a probation before judgment disposition, the proffer that a witness has received that disposition for a theft offense necessarily establishes a reasonable basis for the inquiry concerning that offense.
71 Md. App. at 505. In Powell v. Maryland Aviation Administration, 336 Md. 210, 647 A.2d 437 (1994), the Court of Appeals held that nothing in Article 27, § 641 precluded the use of the "guilty finding" as evidence in an administrative proceeding. Similarly, we see nothing in that statute that suggests that the "guilty finding" may not be considered in determining the sentence of a repeat offender.
In fact, we believe that the language of the statute indicates the legislature's intent that such dispositions be considered in subsequent sentencings of an offender. As noted, §§ 641 (a)(2)-(4) set forth conditions under which the court may not grant subsequent dispositions of probation before judgment. It necessarily follows that, in those cases, the court must consider previous dispositions under § 641 in determining its sentence. We see no reason to conclude that the legislature believed previous dispositions of probations before judgment were relevant only in those circumstances. Further, § 641(c) provides that the disposition is not a conviction for purposes of any disqualification or disability imposed by law. It does not purport to bar the use of the disposition in all circumstances.
We also believe that the fact that appellant had received probations before judgment was itself relevant to her rehabilitative prospects and the benefit she might receive from probation or a suspended sentence. We believe the trial court appropriately considered those probations in fashioning a sentence appropriate for appellant.
JUDGMENT AFFIRMED
COSTS TO BE PAID BY APPELLANT.
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