Smallwood v. State

680 A.2d 512 (1996)

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Nature of the Case

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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.