United States District Court, D. Maryland
CALVIN F. CURRICA, #354-168 Petitioner
WARDEN RICHARD MILLER, and THE ATTORNEY GENERAL OF THE STATE OF MARYLAND Respondents
XINIS UNITED STATES DISTRICT JUDGE
is self-represented petitioner Calvin F. Currica's
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254, in which he challenges his convictions entered
in 2008 in the Circuit Court for Montgomery County. ECF No.
Respondents have filed a response. ECF No. 2. As relief,
Currica seeks a new trial and a reduction of his sentence.
After review of the parties' submissions and exhibits,
the Court finds that additional information is needed before
consideration of the issues can proceed.
AND PROCEDURAL HISTORY
March 14, 2008, Currica was indicted in case no. 109922 for
murder and robbery with a dangerous weapon. On March 20,
2008, Currica was separately indicted in case no. 109946 with
carjacking (counts 1 and 9), conspiracy to commit kidnapping
(counts 4, 12, and 18), robbery with a dangerous weapon
(counts 5 and 13), conspiracy to commit robbery with a
dangerous weapon (counts 6, 14, and 20), first-degree assault
(counts 7 and 21), conspiracy to commit first-degree assault
(counts 8 and 22), attempted carjacking (count 15), attempted
kidnapping (count 17), and attempted robbery with a dangerous
weapon (count 19). ECF No. 12-1 (Resp. Ex. 1, docket sheets).
August 11, 2008, Currica, who was represented by counsel,
entered a guilty plea in case no. 109922 to second-degree
murder (count one of that indictment was amended), and a
guilty plea to two counts of carjacking in case no. 109946.
ECF No. 12-1, 12-2 (Plea transcript). The parties have not
included a copy of the plea agreement with their submissions.
plea hearing held on November 18, 2008, the trial judge told
Currica, and Currica affirmed that he understood, that
“[w]hen you are charged with second degree murder,
which is what the charge will be changed to, you are liable
for a maximum penalty of 30 years in jail or less depending
on what I determine, and you can be placed on probation for
any suspended sentence I might impose.” ECF 12-2 at p.
10. (plea transcript). Turning next to the carjacking
charges, the trial court explained to Currica that
“each of these charges carries the possibility of being
put in jail for up to 30 years. Once again, I can impose
whatever sentence, including jail time and a period of
suspended jail time, if I wish to do so.” Id.
at p. 11. Currica confirmed that he understood. Id.
At the end of the hearing, the Court sentenced Currica to a
total of 80 years of incarceration. The court imposed 30 years
for second-degree murder and two 25 years consecutive terms
for carjacking. ECF No. 12-1, 12-3 at p. 55-56 (Resp. Ex. 3
November 21, 2008, Currica filed an Application for Review of
Sentence by a three-judge panel, which was denied on
September 2, 2009, and a Motion for Reconsideration of
Sentence which was denied on May 7, 2013. ECF No. 12-1. On
June 19, 2012, Currica filed a Motion to Correct an Illegal
Sentence, which was denied on July 16, 2012. ECF No. 12-1.
2, 2014, Currica filed a self-represented Petition for
Post-Conviction Relief, which he amended on September 22,
2014, to assert the following claims:
(1) the Circuit Court breached the plea agreement which he
claimed limited his sentence to a maximum of 51 years;
(2) the State breached the plea agreement by seeking a
sentence higher than 51 years;
(3) trial counsel provided ineffective assistance by failing
to file an Application for Leave to Appeal his Convictions;
(4) the plea agreement was for a combined sentence of 30-51
ECF No. 12-1; ECF No. 12-4 at pp. 2-3 (Resp. Ex. 4,
Post-Conviction Petition); ECF No. 12-5 (Resp. Ex. 5,
Supplemental Petition); ECF No. 12-7 at p. 5 (Resp. Ex. 7,
Post-Conviction Hearing Transcript).
November 24, 2014, the Circuit Court for Montgomery County
held a hearing on the Petition for Post-Conviction Relief.
ECF No. 12-7. The Court denied relief in part and granted
relief in part. The court rejected Currica's claims that
the sentencing court and the State breached the plea
agreement, but granted him thirty days to file a belated
Application for ...