SMALLWOOD V. STATE
680 A.2d 512 (1996)
NATURE OF THE CASE: Smallwood's (D) petition for certiorari was granted to consider
whether the Circuit Court could have properly concluded that D possessed the requisite
intent to support his convictions of attempted second-degree murder and assault with intent
to murder.
FACTS: D was diagnosed as being infected with the Human Immunodeficiency Virus (HIV). D
knew he was HIV-positive. D and an accomplice robbed a woman at gunpoint, and forced her
into a grove of trees where each man alternately placed a gun to her head while the other
one raped her. D and an accomplice robbed a second woman at gunpoint and took her to a
secluded location, where D inserted his penis into her with 'slight penetration.' D and an
accomplice robbed yet a third woman, also at gunpoint, and took her to a local school where
she was forced to perform oral sex on D and was raped by him. D threatened to kill his
victims if they did not cooperate or to return and shoot them if they reported his crimes. D
did not wear a condom. D was charged with, among other crimes, attempted first-degree rape,
robbery with a deadly weapon, assault with intent to murder, and reckless endangerment. D
was also charged with the attempted second-degree murder of each of his three victims. D
pled guilty in the Circuit Court for Prince George's County to attempted first-degree rape
and robbery with a deadly weapon. D was also convicted of assault with intent to murder,
reckless endangerment and on all three counts of attempted second-degree murder. The
intermediate appellate court found that the evidence was sufficient for the trial court to
conclude that D intended to kill his victims and upheld all of his convictions. The Maryland
Supreme Court granted certiorari to consider whether the trial court could properly conclude
that D possessed the requisite intent to support his convictions of attempted second-degree
murder and assault with intent to murder.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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