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Frazier v. Warden

Court of Appeals of Maryland
Nov 17, 1960
165 A.2d 463 (Md. 1960)

Opinion

[App. No. 32, September Term, 1960.]

Decided November 17, 1960.

POST CONVICTION PROCEDURE ACT — Guilty Plea To Charge Under Indictment Held Voluntarily And Intelligently Made. To a claim in a post conviction case that the petitioner was sentenced under a count which did not appear in the indictment, this Court replied that he voluntarily and intelligently pleaded guilty to robbery with a deadly weapon under that indictment and received a sentence well below the statutory maximum. p. 687

J.E.B.

Decided November 17, 1960.

Charles Daniel Frazier instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application denied.

Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


The applicant herein was jointly indicted with James Harvey Johnson in a series of armed hold-ups. He was convicted of receiving stolen goods (Indictment 413) and sentenced to three years in the Penitentiary. He pleaded guilty to armed robbery (Indictment 421) and received a sentence of twelve years' confinement in the same institution; the sentences to run concurrently. He assigns eight reasons as to why he says that he thinks he is unlawfully imprisoned. Seven of them are practically identical, if not identical, in terms as those used by his cohort, James Harvey Johnson, in No. 33 App., 223 Md. 687. Contentions 1, 2, 3, 4, 6, 7 and 8 in this petition are without merit for the same reasons assigned in the trial court's opinion in said No. 33 App.

His contention number 5 states that he was sentenced under a count that did not appear in Indictment No. 421. Just what he means by this allegation is not clear; for, if he were sentenced under a count that "did not appear" in the indictment, he, obviously, could not have been sentenced upon the indictment. But be that as it may, the short and simple answer to this contention is that Frazier, voluntarily and intelligently, pleaded guilty to robbery with a deadly weapon under Indictment No. 421 and received a sentence well below the maximum permitted by the controlling statute. Code (1957), Article 27, § 488.

Application denied.


Summaries of

Frazier v. Warden

Court of Appeals of Maryland
Nov 17, 1960
165 A.2d 463 (Md. 1960)
Case details for

Frazier v. Warden

Case Details

Full title:FRAZIER v . WARDEN OF MARYLAND PENITENTIARY

Court:Court of Appeals of Maryland

Date published: Nov 17, 1960

Citations

165 A.2d 463 (Md. 1960)
165 A.2d 463

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