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State of Maryland v. Kevin Lamont Bolden No. 151, September Term, 1998

EIGHTH AMENDMENT -- CRUEL AND UNUSUAL PUNISHMENT -- CONSECUTIVE SENTENCES IMPOSED PASSED CONSTITUTIONAL MUSTER.

IN THE COURT OF APPEALS OF MARYLAND

No. 151

September Term, 1998

STATE OF MARYLAND v. KEVIN LAMONT BOLDEN

Bell, C.J. Eldridge Rodowsky Raker Wilner Cathell Karwacki, Robert L.
(Retired, specially assigned),

JJ.

Opinion by Karwacki, J. Bell, C.J., Eldridge, and Raker, JJ., dissent

Filed: September 23, 1999

The Eighth Amendment to the United States Constitution mandates: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."1 In Solem v. Helm, 463 U.S. 277, 284, 103 S. Ct. 3001, 3006, 77 L. Ed. 2d 637, 645 (1983), the Supreme Court held that this protection "prohibits not only barbaric punishment, but also sentences that are disproportionate to the crime committed." (Emphasis added.) In the instant criminal case Kevin Lamont Bolden, the petitioner, claims that the sentences imposed upon him by the Circuit Court for Caroline County violate the quoted Eighth Amendment guarantee.

I. On June 18, 1996, Officer Thomas Coughenour, while working in an undercover capacity as a member of the Caroline and Queen Anne County Narcotics Task Force, was approached on Main Street in Federalsburg, Caroline County, by Bolden who offered to sell him crack cocaine. Officer Coughenour purchased a quantity of the cocaine for $20.00. He then left the scene, told Officer Tull of the Federalsburg Police Department of what had occurred, and described the person who had sold him the controlled dangerous substance.

1

An analogous provision, Article 25 of the Maryland Declaration of Rights provides "That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted, by Courts of Law."

The Eighth Amendment is binding upon the states by virtue of the Fourteenth Amendment. Robinson v. California, 370 U.S. 660, 82 S. Ct. 1417, 8 L. Ed. 2d 758 (1962).

-2-

Officer Tull determined that the person described was Bolden. This was confirmed later when Officer Coughenour selected Bolden's photograph from a police department file. Bolden was not arrested at that time. On July 10, 1996, Officer Coughenour was again working in a covert capacity for the Narcotics Task Force. As he was driving through Federalsburg, he was hailed by Bolden who offered to sell him crack cocaine. Coughenour purchased a piece of crack cocaine for $20.00 and then told Bolden that he would be back in another 15 or 20 minutes to make another purchase of cocaine. Officer Coughenour returned in 20 minutes and purchased another piece of crack cocaine from Bolden for $20.00. Thereafter Bolden was placed under arrest for distributing crack cocaine. Subsequently, Bolden was accused in two criminal informations filed in the Circuit Court for Caroline County. In Case No. 4557, Bolden was charged with distribution of cocaine, possession with intent to distribute cocaine and possession of cocaine on June 18, 1996. At a jury trial on August 22, 1997, he was convicted of all three crimes charged. In Case No. 4558, Bolden was charged with two counts of distribution of cocaine, two counts of possession with intent to distribute cocaine and two counts of possession of cocaine on July 10, 1996. At his trial on September 11, 1997, the jury convicted him of all those charges. On September 11, 1997, the court sentenced Bolden in both cases. The court merged the lesser included offenses and sentenced Bolden on the three counts of distribution of cocaine. Bolden was sentenced to 25 years' imprisonment in Case No. 4557 for the sale of -3-

cocaine on June 18, 1996. In Case No. 4558, involving the two sales of cocaine which took place on July 10, 1996, the court sentenced Bolden on Count I to 32 years' imprisonment, consecutive to the sentence imposed in Case No. 4557 and on Count IV to 40 years' imprisonment consecutive to the sentence imposed on Count I.2

The maximum sentence for distribution of cocaine is 20 years' imprisonment. Maryland Code (1957, 1996 Repl. Vol.), Article 27,

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