Maryland Anne Arundel County Manslaughter Negligent Driving Lawyers Baltimore Montgomery Attorneys

Woodrow Raymond SAVOY v. STATE of Maryland

Court of Special Appeals of Maryland

May 15, 1986

Defendant was sentenced to two consecutive five year sentences after being convicted of two counts of manslaughter by automobile in violation of Md. Ann. Code art. 27, 388 (1985 Cum. Supp). Defendant appealed two consecutive five year sentences that were imposed by the Circuit Court for Anne Arundel County (Maryland).

Defendant asserted that the trial court erred in imposing two consecutive sentences because the deaths arose out of a single incident of grossly negligent driving.

Issue:

Whether the court erred in imposing two consecutive sentences upon conviction of two counts of manslaughter where the deaths arose out of a single incident of grossly negligent driving?

The Court states that "a common sense reading of art. 27, 388 reveals that the gravamen of the offense is punishment of an individual for causing death, through the instrumentality of driving in a grossly negligent manner. The legislature placed the statute in the criminal code with other statutes protecting life, and not in the transportation article dealing with traffic control. Second, the plain language of the statute is in the singular using the words "death of another," and not "death of others." Since it is manifestly apparent that a single grossly negligent act may involve several victims, use of the singular "death of another" in the statute evinces a clear legislative intent to impose separate punishment for each victim killed, and not, for each incident of negligent driving. Furthermore, we have held that where a single criminal incident results in multiple victims, the number of victims can determine the number of violations. In light of the foregoing considerations, this court held that the clear legislative intent of art. 27, 388 is to create separately punishable offenses for each death resulting from an incident of grossly negligent driving. As a result of this holding, the rule of lenity is inapplicable to the present case because that rule applies only where legislative intent is unclear.

Conclusion:

The court affirmed the judgment of the trial court that convicted defendant of two counts manslaughter by automobile and sentenced defendant to two consecutive five year sentences.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content

Maryland Anne Arundel County Manslaughter Negligent Driving Lawyers Baltimore Montgomery Attorneys

By: Atchuthan Sriskandarajah

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