Cianos v. Maryland6/6/1995
Opinion by Karwacki, J.
Under Maryland Code (1973, 1989 Repl. Vol., 1994 Cum. Supp.), §§ 12-202 and 12-302, the only avenue of appeal from a guilty plea before a circuit court is by application for leave to appeal to the Court of Special Appeals, and an order granting or denying that application is not reviewable by this Court by way of certiorari. We may grant certiorari, however, when the intermediate appellate court makes a decision on an application for leave to appeal based on an alleged denial of victims' rights. We granted certiorari in this case to address, for the first time, the rights of a victim to speak to the judge or jury prior to the sentencing of a criminal defendant, as provided in Md. Code (1957, 1992 Repl. Vol., 1994 Cum. Supp.), Art. 27, § 643D.
I
Sean Patrick Hall was charged by grand jury indictment in the Circuit Court for Baltimore County in the deaths of Jerome Robert Barrett and James Nicholas Cianos, III, which were caused by Hall's gross negligence in the operation of a motor vehicle. On January 6, 1994, he entered a guilty plea to two counts of manslaughter by automobile and one count of
driving while intoxicated (DWI). The court scheduled sentencing for March 7, 1994, and ordered a pre-sentence investigation.
At sentencing, the State was represented by Assistant State's Attorney John Cox. Pursuant to Md. Code (1957, 1992 Repl. Vol., 1994 Cum. Supp.), Art. 27, § 643D(a), Mr. Cox requested that the court hear an oral address of Robin Cianos and Evelyn Barrett, the petitioners, in addition to the written victim impact statements petitioners had previously submitted for the court's consideration. The court responded to Mr. Cox's request as follows:
"Mr. Cox, there's nothing those fine people [the petitioners] could tell me that hadn't already been said in whatever letters I've received. While I respect their right to be heard, we're already running, I think, a half hour late. I really don't think it would be beneficial to take the time to hear from them.
I did read the letters. Very thorough letters. They clearly indicate how deeply these people feel. Nothing they can say will bring the victims back or in any way change what's happened. I would just rather not take that additional time this morning."
After conferring with the petitioners, Mr. Cox advised the court "I have spoken with both [the petitioners] and they will accede to the Court's wishes."
The court allowed both counsel to argue as to sentencing, allowed Hall his right of allocution, and allowed Debbie Hays, Hall's girlfriend, to speak on Hall's behalf. The court then imposed concurrent five year sentences, with all but 14
months suspended, on each of the manslaughter counts, and one year and a $1000.00 fine on the DWI count.
On April 6, 1994, the petitioners, Robin Cianos and Evelyn Barrett, filed an application for leave to appeal to the Court of Special Appeals. Thereafter, they filed an amended application and a supplement thereto. The Attorney General opposed the application. The Court of Special Appeals, in an unreported opinion dated June 13, 1994, denied the petitioners' application because it determined that the issues raised by the application were moot.
II
The petitioners argue that their appeal is not moot, that the trial court abused its discretion by not allowing them to testify at the sentencing proceeding, and that we are compelled to vacate Hall's sentence and remand the case to the trial court for resentencing. The State, while acknowledgi
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