| Court System: | Circuit Court for Prince George's County - Criminal System
|
| Case Number: | CT070356X |
| Title: | Myles Spires Jr. |
| Case Type: | Criminal TrialFiling Date:02/22/2007 |
| Case Status: | REOPS |
| District Court Number: | State Tracking Number:067016000951 |
Defendant Information
(Each Alias, Address, and Attorney for the Defendant is displayed)
| City: | Forest HeightsState:MD |
Charges
| No: | 1Charge:Theft Over $500 |
| Statute: | 7-104 {o}Disposition:Guilty |
| Date: | 10/02/2007 |
| No: | 2Charge:Fraud Misapprop by Ficucy |
| Statute: | 7-113Disposition:Not Guilty |
| Date: | 10/02/2007 |
| No: | 3Charge:Misconduct In Office |
| Statute: | CL059Disposition:Guilty |
| Date: | 10/02/2007 |
| No: | 4Charge:Counterfeit |
| Statute: | 8-601 {cf}Disposition:Not Guilty |
| Date: | 10/02/2007 |
| No: | 5Charge:Forgery |
| Statute: | 27-44Disposition:Not Guilty |
| Date: | 10/02/2007 |
| No: | 6Charge:Poss/Uttering Forged - U.S. Cu |
| Statute: | 8-604Disposition:Not Guilty |
| Date: | 10/02/2007 |
| No: | 7Charge:Attempt-Theft Over |
| Statute: | A7-104{o}Disposition:Not Guilty |
| Date: | 10/02/2007 |
Events
| Date: | 03/16/2007Event:Initial Arraignment |
| Outcome: | Initial Arraignment MootDate:03/13/2007 |
| Date: | 06/01/2007Event:Motions Hearing |
| Outcome: | Motions Hrg Cont/In CourtDate:06/01/2007 |
| Date: | 06/28/2007Event:Motions Hear Specially Assign |
| Outcome: | Assign Status Held in ChambersDate:06/28/2007 |
| Date: | 06/28/2007Event:Motions Hearing |
| Outcome: | Motions Hrg Cont/In CourtDate:06/18/2007 |
| Date: | 06/28/2007Event:Trial |
| Outcome: | Trial Continued/In CourtDate:06/18/2007 |
| Date: | 06/28/2007Event:Trial Specially Assigned |
| Outcome: | Trial Continued/In CourtDate:06/28/2007 |
| Date: | 08/02/2007Event:Motions Hear Specially Assign |
| Outcome: | Assigned Motions HeldDate:08/02/2007 |
| Date: | 09/09/2007Event:Hicks Date |
| Outcome: | Hicks WaivedDate:06/28/2007 |
| Date: | 09/17/2007Event:Trial Specially Assigned |
| Outcome: | Jury Trial HeldDate:09/17/2007 |
| Date: | 09/18/2007Event:Trial - Carry Over |
| Outcome: | Jury Trial HeldDate:09/18/2007 |
| Date: | 09/19/2007Event:Trial - Carry Over |
| Outcome: | Jury Trial HeldDate:09/19/2007 |
| Date: | 09/20/2007Event:Trial - Carry Over |
| Outcome: | Jury Trial HeldDate:09/20/2007 |
| Date: | 09/24/2007Event:Trial - Carry Over |
| Outcome: | Jury Trial HeldDate:09/24/2007 |
| Date: | 09/26/2007Event:Trial - Carry Over |
| Outcome: | Jury Trial HeldDate:09/26/2007 |
| Date: | 10/02/2007Event:Trial - Carry Over |
| Outcome: | Court Trial HeldDate:10/02/2007 |
| Date: | 11/08/2007Event:Sentencing Hearing |
| Outcome: | Sentencing HeldDate:11/08/2007 |
| Date: | 11/28/2007Event:Reconsideration Hearing |
| Outcome: | Reconsideration Hrg HeldDate:11/27/2007 |
| Date: | Event:Appeal, Trans Due Date |
| Outcome: | Date: |
Dockets
| Date: | 02/22/2007Docket Type:Indictment by Grand Jury |
| Docket Text: | Indictment Presented by Grand Jury, Judge Krauser; Mr. P. Jacobs, Reporter, filed, tsc. |
| Date: | 02/22/2007Docket Type:Presentment and Indictment for |
| Docket Text: | (ct. 1) theft over $500, (ct. 2) embezzlement, (ct. 3) misconduct in office, (ct. 4) counterfeiting,
(ct. 5) forgery, (ct. 6) uttering, (ct. 7) attempt to commit theft, filed, tsc. |
| Date: | 02/28/2007Docket Type:Sum w/cpy Indct Mld to Def Fd |
| Docket Text: | -#347 |
| Date: | 03/07/2007Docket Type:Letter, filed. |
| Docket Text: | A letter notifying the court that the State Prosecutor in this case id Steven Trostle, fld 353 |
| Date: | 03/07/2007Docket Type:States Intended Witnesses, fd. |
| Docket Text: | 353 |
| Date: | 03/13/2007Docket Type:Demand Bill of Particulars Fd |
| Docket Text: | 353 |
| Date: | 03/13/2007Docket Type:Initial Arraignment Moot |
| Docket Text: | |
| Date: | 03/13/2007Docket Type:Line of Appearance, fd |
| Docket Text: | entering the appearance of William Brennan, fld 353 |
| Date: | 03/13/2007Docket Type:Mot Discl GJ Transc, fld. |
| Docket Text: | 353 |
| Date: | 03/13/2007Docket Type:Mot Discovery & Inspection, fd |
| Docket Text: | 353 |
| Date: | 03/13/2007Docket Type:Motion to Dismiss |
| Docket Text: | 353 |
| Date: | 03/13/2007Docket Type:Motion to Suppress Evidence |
| Docket Text: | 353 |
| Date: | 03/21/2007Docket Type:Answer to Motion Dismiss, Fd |
| Docket Text: | 353 |
| Date: | 03/21/2007Docket Type:Answer to Motion to Supp, Fd |
| Docket Text: | 353 |
| Date: | 03/21/2007Docket Type:Answer: Demnd for Bill of Part |
| Docket Text: | 353 |
| Date: | 03/21/2007Docket Type:Mot Discl GJ Transc, fld. |
| Docket Text: | State's answer to motion for early disclosure of grand jury transcripts, fld 353 |
| Date: | 03/21/2007Docket Type:Mot Discovery & Inspection, fd |
| Docket Text: | 353 |
| Date: | 03/21/2007Docket Type:States Intended Witnesses, fd. |
| Docket Text: | 353 |
| Date: | 05/15/2007Docket Type:Motion Filed |
| Docket Text: | motion for leave to withdraw attorneys appearance, filed 362 |
| Date: | 05/15/2007Docket Type:Motion W/D/Strike Appearance |
| Docket Text: | Motion for leave to withdraw attorney appearance. filed.340 |
| Date: | 06/01/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | 012 lah
Judge Whalen; Ms. C. Davis, reporter.
Joint continuance-granted. Continuing Investigation.
Reset for definite motions 6-28-07 (trial date). |
| Date: | 06/01/2007Docket Type:Motions Hrg Cont/In Court |
| Docket Text: | |
| Date: | 06/18/2007Docket Type:Motions Hrg Cont/In Court |
| Docket Text: | |
| Date: | 06/18/2007Docket Type:Trial Continued/In Court |
| Docket Text: | |
| Date: | 06/20/2007Docket Type:Motion Filed |
| Docket Text: | bill of particulars entered 6-21-07 #31 |
| Date: | 06/28/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #298 - DEM
Status Conference Held. Joint Motion (short) for continuance - Granted.
Defendant consents to trial date beyond 180 day requirement of Maryland Rule 4-271 in open court. |
| Date: | 06/28/2007Docket Type:Assign Status Held in Chambers |
| Docket Text: | |
| Date: | 06/28/2007Docket Type:Hicks Waived |
| Docket Text: | |
| Date: | 06/28/2007Docket Type:Trial Continued/In Court |
| Docket Text: | |
| Date: | 07/11/2007Docket Type:Order of Court, filed |
| Docket Text: | motion granted entered 7/11/07 362 |
| Date: | 07/25/2007Docket Type:Memorandum, filed |
| Docket Text: | Memorandum in Support of Motion in Limine (Attorney - Client Privilege), fld, 354 |
| Date: | 07/25/2007Docket Type:Motion Filed |
| Docket Text: | Motion in Limine (Attorney - Client Privilege), fld, 354 |
| Date: | 07/30/2007Docket Type:Opposition to Motion |
| Docket Text: | Memorandum in Opposition to Defendant's Motion in Limine (Attorney Client-Privilege), filed. #326 |
| Date: | 08/02/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #350 eaf
Hearing on defendant's motion in limine to exclude witness regarding attorney - client priviledge.
Judge Geter; DAR M1404 and Ms Miller, reporter.
In camera hearing held.
proceedings sealed.
motion - denied. court ruled regarding admissibility of state's evidence.
exhibit/witness list, filed. |
| Date: | 08/02/2007Docket Type:Assigned Motions Held |
| Docket Text: | |
| Date: | 08/17/2007Docket Type:Motion Filed |
| Docket Text: | State's Motion for Disclosure; filed #363 |
| Date: | 08/28/2007Docket Type:Motion Filed |
| Docket Text: | Motion to Unseal. filed under seal, filed.340.lbj |
| Date: | 08/28/2007Docket Type:Notice, filed |
| Docket Text: | Notice Pursuant to Rule 5-1006 of the Maryland Rules of Evidence filed by#339 |
| Date: | 08/30/2007Docket Type:Motion Filed |
| Docket Text: | States motion for disclosure #31 |
| Date: | 08/30/2007Docket Type:Order of Court, filed |
| Docket Text: | Ordered
testimony of Paul R. Sciubba taken at the motion hearing 8-2-07 be
unsealed to allow counsel to obtain a transcript of said testimony and
it is further ordered that counsel not further disclose the transcript
without further order of the court, Judge Shaw Geter, 8-29-07 entered
9-5-07 #31 |
| Date: | 08/30/2007Docket Type:Order of Court, filed |
| Docket Text: | Stenographer
to transcribe secret proceeding conducted on 8-2-07 and release said
transcript to Steven Trostle on behalf of the State, and transcripts
shall be held confidential and shall be used by the State only as
necessary for the purpose of trial preparation and court does further
order that transcripts shall not be released to any other party without
an order of this court, Judge Shaw Geter 8-29-07 entered 9-5-07 #31 |
| Date: | 09/17/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #128
Defendant Waives His Right To Trial By Jury And Elects Trial By Court.
Trial By Court.
Judge Geter; Ms. P. Jacobs, Reporter
Witness And Exhibits List, Filed.
Trial Recessed at 4:00PM, To Resume at 9:00AM on September 18, 2007 Before Judge Geter.
|
| Date: | 09/17/2007Docket Type:Jury Trial Held |
| Docket Text: | |
| Date: | 09/18/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #128
Trial Resumed at 9:12AM
Judge Geter; Ms. P. Jacobs
Witness And Exhibit List Filed.
Trial Recessed at 3:46 PM, To Resume At 9:00 AM On September 19, 2007 Before Judge Geter. |
| Date: | 09/18/2007Docket Type:Jury Trial Held |
| Docket Text: | |
| Date: | 09/19/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #128
Trial Resumed at 9:00 AM
Judge Geter; Ms. P. Jacobs.
Witness And Exhibit List, Filed.
Stipulation Placed On The Record.
Trial Recessed at 4:15pm, To Resume At 9:00 AM On September 19, 2007, Before Judge Geter.
|
| Date: | 09/19/2007Docket Type:Jury Trial Held |
| Docket Text: | |
| Date: | 09/20/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #128
Trial Resumed At 9:00 AM.
Judge Geter; Ms. P. Jacobs, Reporter
Witness And Exhibit List, Filed.
Trial Recessed at 4:00pm, To Resume At 9:00 AM On September 24, 2007, Before Judge Geter. |
| Date: | 09/20/2007Docket Type:Jury Trial Held |
| Docket Text: | |
| Date: | 09/24/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #128
Trial Resumed At 9:00 AM
Judge Geter; Ms. E. Key, Reporter
Witness And Exhibit List, Filed
Trial Recessed At 3:56, To Resume At 9:00 AM on September 26, 2007 Before Judge Geter.
|
| Date: | 09/24/2007Docket Type:Jury Trial Held |
| Docket Text: | |
| Date: | 09/26/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #128
Exhibit List And Witness List, filed.
Trial resumed at 1:00p.m.
Judge Geter; Mrs. Key, Reporter.
At the close of the State's case, Defendant's Motion for Judgment of Acquittal - Taken under advisement.
Trial recessed at 4:30 p.m. to resume 10-2-07 at 9:00 a.m.
|
| Date: | 09/26/2007Docket Type:Jury Trial Held |
| Docket Text: | |
| Date: | 10/02/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #128
Exhibit List and Witness List, filed.
Trial resumed at 9:15 a.m.
Judge Geter; Mrs. Key, Reporter.
Court denies Defendant's Motion for Judgement of Acquittal at the close of the State's Case.
At the conclusion of the entire case, Defendant's Motion for Judgment of Acquittal - Denied.
Verdict by the Court:
Count 1 - Felony Theft Over $ 500.00 - Guilty
Count 2 - Embezzlement - Not Guilty
Count 3 - Misconduct In Office - Guilty
Count 4 - Counterfeiting - Not Guilty
Count 5 - Forgery - Not Guilty
Count 6 - Uttering - Not Guilty
Count 7 - Attempt To Commit Theft - Not Guilty
Judge Geter, Mrs, Key, Reporter.
Pre-Sentence Ordered. Sentencing Date: 11-8-07 Before Judge Geter at 10:00 AM.
All Parties and Attorneys notified. |
| Date: | 10/02/2007Docket Type:Court Trial Held |
| Docket Text: | |
| Date: | 11/05/2007Docket Type:Memorandum, filed |
| Docket Text: | State's Sentencing Memorandum, fld 385. |
| Date: | 11/08/2007Docket Type:Sentencing Held |
| Docket Text: | |
| Date: | 11/09/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #350 eaf
Judge Geter; Mrs L Anderson, reporter.
Letter from the State's Prosecuter's Office, filed.
Defense sentencing memorandum, filed.
Pre-sentence report re-sealed.
Stenenced to the jurisdiction of the Division of Correction as follows:
Count 1 for a period of 3 years; all but 6 months suspended;
Count 3 for a period of 3 years; concurrent with Count 1 ; all but 6 months suspended.
Sentence to commence as of 11/8/07. 0 days credit to be given.
Defendant to serve sentence in the county correctional facility.
Court costs assessed at 145.00 payable through probation period.
Restitution 2,500.00 to Town of Forest Heights.
Any Bench Warrants are recalled; Any bond discharged.
Order for Probation, filed.
CLerk to issue commitment.
Order to provide DNA sample, filed |
| Date: | 11/13/2007Docket Type:Memorandum, filed |
| Docket Text: | Sentencing Memorandum; fld #363 |
| Date: | 11/27/2007Docket Type:Adult Daily Sheet, Filed |
| Docket Text: | #087
Hearing on motion for reconsideration of sentence.
Judge Geter; Ms. Thompson, reporter.
Motion Granted.
Sentence imposed on 11/08/2007 is modified to: Count 1 - for a period
of 3 years; all but 6 months suspended, Count 3 for a period of 3 years
concurrent with Count 1; suspend all but 6 months. Sentence to be
servced on Home Detention through the County Correctional Facility.
Sentence to commence as of 11/08/2007. 19 days credit given.
Order for probation dated 11/08/2007 remains the same. |
| Date: | 11/27/2007Docket Type:RC - Granted |
| Docket Text: | 374 |
| Date: | 11/27/2007Docket Type:Reconsideration Hrg Held |
| Docket Text: | |
| Date: | 12/07/2007Docket Type:Notice of Appeal, filed |
| Docket Text: | Copies sent to Public Defender and Judge Geter,fd.acm
(due to CSA 2/5/08) |
| Date: | 12/08/2007Docket Type:Order to provide DNA sample fd |
| Docket Text: | 374 |
| Date: | 12/10/2007Docket Type:Commit Issued (Rec of Sent) Fd |
| Docket Text: | 374 |
| Date: | 12/10/2007Docket Type:Fine & Cost Invoice Assesd Fd |
| Docket Text: | 374 |
| Date: | 12/10/2007Docket Type:MD Sentencing Guidelines, fd |
| Docket Text: | 374 |
| Date: | 12/14/2007Docket Type:Return Receipt, Filed |
| Docket Text: | 058 |
| Date: | 12/19/2007Docket Type:Adden to Comm Recrds (Rest) Fd |
| Docket Text: | |
| Date: | 12/19/2007Docket Type:Judgment Indexd on Gen Index |
| Docket Text: | |
| Date: | 12/20/2007Docket Type:Req for tape/transcripts, Fd |
| Docket Text: | #58 |
| Date: | 01/02/2008Docket Type:Line of Appearance, fd |
| Docket Text: | Line to enter appearance of Geraldine as counsel for the Appeal only,fd.acm |
| Date: | 01/04/2008Docket Type:Letter, filed. |
| Docket Text: | Copy of letter dated 1/4/08 to Ms. Sweeney from Court Reporter's Office,fd.acm |
| Date: | 01/09/2008Docket Type:Transcript, filed |
| Docket Text: | Transcript of Proceedings for 11/27/07 w/ cost sheet,fd.acm |
| Date: | 01/10/2008Docket Type:Motion Filed |
| Docket Text: | Motion to release sealed materials; fld 363 |
| Date: | 01/24/2008Docket Type:Transcripts, filed. |
| Docket Text: | Transcript of Proceedings for 11/08/07 with cost sheet, fd./klf |
| Date: | 01/28/2008Docket Type:Order of Court, filed |
| Docket Text: | Ordered,
that the recording of the hearing of August 2, 2007 in this case be
released to court reporters office with permission to transcribe the
material for use in the appeal. Judge Shaw Geter. 1-24-08. entered
1-30-08. fld, lmc, 283. cc: state, defense. |
| Date: | 01/31/2008Docket Type:Motion Reconsideration of Sent |
| Docket Text: | |
| Date: | 02/04/2008Docket Type:Transcripts, filed. |
| Docket Text: | Transcripts of Proceedings for 09/24/07; 09/26/07 and 10/02/07 with cost sheet, fd./klf |
| Date: | 02/05/2008Docket Type:Rec Transmitted Court of Speci |
| Docket Text: | FD./'KLF |
| Date: | 02/05/2008Docket Type:Transcripts, filed. |
| Docket Text: | Transcripts of Proceedings for 09/17-09/20/2007 with cost sheet, fd./klf |
| Date: | 02/08/2008Docket Type:Transcripts, filed. |
| Docket Text: | Transcript of Proceedings for 08/02/07 with cost sheet, fd./klf |
| Date: | 02/12/2008Docket Type:Return Receipt |
| Docket Text: | fd./klf |
The complete case file can be obtained from the Circuit Courthouse.