Facts
- Police conducted surveillance of banks in an area experiencing multiple robberies.
- Officers observed Raymond Alexander Young repeatedly driving around banks in a manner suggesting he was “casing” them.
- Young parked near a bank and put on items used as a disguise, including a knit cap pulled down over his forehead, an eyepatch, plastic surgical gloves, sunglasses, and a turned-up shirt collar.
- Young approached the bank with his right hand in his jacket pocket and his left hand partially covering his face.
- Unaware the bank had closed, Young tried to open the bank’s front door; finding it locked, he fled while covering his face.
- Police stopped Young as he drove away; a .22 caliber pistol butt was visible from his jacket pocket.
- Officers found disguise items on the front seat, including surgical gloves, an eyepatch, a knit cap, and sunglasses.
- Evidence included that Young had previously inquired about punishment for attempted robbery.
Issues
- Whether the evidence was legally sufficient to prove attempted armed robbery, specifically whether Young committed an overt act beyond mere preparation.
- What standard governs criminal attempt in Maryland for distinguishing preparation from an attempt (including whether conduct constituting a “substantial step” suffices).
Decision
- The Court of Appeals of Maryland affirmed the conviction for attempted armed robbery (and the related handgun conviction).
- The court held that Young’s conduct went beyond preparation and constituted a substantial step toward committing armed robbery.
- The court concluded that attempting to open the bank door while armed and disguised was an overt act strongly corroborative of intent to rob.
Legal Principles
- Criminal attempt requires intent to commit a specific offense and an overt act that goes beyond mere preparation.
- The act element is satisfied when the defendant takes a “substantial step” toward commission of the crime—conduct strongly corroborative of criminal intent—even if external circumstances prevent completion.
- Reconnaissance and acquisition of tools may be preparatory; arriving at the target and beginning execution (such as attempting entry while armed and disguised) can constitute a substantial step.
Conclusion
The court upheld Young’s attempted armed robbery conviction because his armed, disguised approach to the bank and attempt to open its locked door constituted a substantial step beyond preparation and objectively confirmed his intent to commit the robbery.