Rios v. State of Maryland

Jeffrey Rios (defendant) was charged with several offenses, including assault, use of a handgun in a crime of violence, reckless endangerment, and unlawfully carrying a handgun. Rios’s attorney, Ronald Schwartz, entered into plea negotiations on Rios’s behalf with the assigned prosecutor. The prosecutor initially offered that Rios plead guilty to possession of a handgun and reckless endangerment, with a sentence of time served. Rios, through Schwartz, rejected that offer but indicated he would recommend an Alford plea to reckless endangerment with time served. The prosecutor agreed, and Schwartz told the prosecutor he would discuss the offer with his client. After consulting with Rios and receiving his approval, Schwartz attempted to communicate acceptance by leaving several voicemails for the prosecutor on April 18 and 21. When the prosecutor returned his call on April 22, Schwartz asked whether the prosecutor would consider allowing a nolo contendere plea. The prosecutor declined, explaining that he was facing pressure from the police and his superiors not to make any plea offer. Schwartz then stated that Rios would accept the existing offer of an Alford plea to reckless endangerment with time served. Later that week, the prosecutor informed Schwartz that no plea offer would be made. Rios filed a motion to enforce the alleged plea agreement. The trial court denied Rios’s motion, concluding that the parties never reached an agreement because Schwartz’s nolo contendere question constituted a counteroffer that rejected and nullified the prosecutor’s Alford offer. Rios filed an interlocutory appeal.