Pubdate: Thu, 04 Jun 2015
Source: Baltimore Sun (MD)
Copyright: 2015 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Kevin Rector

MAN IN PRISON FOR 5.9 GRAMS OF POT WINS APPEAL

Decision Invalidating Plea May Save Him From Serving a 20-Year Prison Term

A 31-year-old man who was sentenced to 20 years in prison in 
Baltimore after he pleaded guilty to possessing 5.9 grams of 
marijuana won an appeal Wednesday invalidating the plea - raising the 
possibility that he will be released.

Ronald Hammond took the plea in the 2012 case after Baltimore 
District Judge Askew Gatewood told prosecutors that "5.9 grams won't 
roll you a decent joint" and suggested Hammond accept the plea and pay a fine.

Soon after pleading, Hammond was called back to court and informed 
that his plea violated the terms of his probation for a prior 
conviction for distribution of crack cocaine.

Circuit Judge Lynn Stewart-Mays had given Hammond a suspended 
sentence of 20 years in that case, and warned that he would face the 
whole term if he violated the probation. She made good on that warning in 2013.

Hammond now has an expected release date of 2028. But his victory 
before Chief Judge Alfred J. Nance on Wednesday could get him out a 
lot sooner, his attorney said.

Nance vacated Hammond's pot plea based on the argument that Hammond 
had not been properly informed of his right to counsel when Gatewood 
suggested he take the deal, attorney Gabriela Hopkins said.

"I do think that Judge Nance was sensitive to the overall fairness 
issue, as well," she said.

With that decision, Hopkins said, the state has two options.

In one scenario, prosecutors could try to charge Hammond anew. But 
that might be difficult, because possession of 5.9 grams of pot is no 
longer a criminal offense in Maryland, but a violation that can be 
settled with a civil citation.

"It's possible that the state could still bring the case," she said. 
"The counterargument then is, they're prosecuting him today on 
something that is no longer a crime."

In the second scenario, Hopkins said, prosecutors could simply drop the case.

If that happens, Hopkins said, she will immediately file a motion 
before StewartMays to revisit the probation violation. With no 
conviction, Hopkins said, there was no violation.

Assistant State's Attorney Michael Brown did not suggest which path 
he would take in court Wednesday, Hopkins said. Reached by phone, he 
referred questions to the state's attorney's office. That office did 
not respond to a request for comment.

Hopkins said Hammond is eager to get home and start supporting his 
two young children again, as he was doing when he violated his probation.

Early on Wednesday, Hopkins said, Hammond looked at her nervously.

"One of the things he said to me right before the hearing was, 'If we 
lose, it's not over, right?' " Hopkins said.

"I told him, 'We're going to keep fighting this no matter what. We're 
not going to give up on you.' "
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