Justia Maryland Supreme Court Opinion Summaries

Following his arrest at age sixteen, Petitioner was convicted of assault with intent to murder and other crimes even though the indictment returned by the Grand Jury did not charge assault with intent to murder. Petitioner did not raise this issue at trial, at sentencing, or on direct appeal. Not until sixteen years after his conviction did Petitioner file a motion to correct an illegal sentence, claiming that the trial court lacked the power to convict and sentence him for assault with intent to murder because that charge was not contained in the indictment. The circuit court denied the petition, and the court of special appeals affirmed. The Court of Appeals reversed the court of special appeals and vacated Petitioner's conviction and sentence for assault with intent to murder, holding (1) Petitioner's sentence for assault with intent to murder was illegal because that crime was not contained in the indictment returned by the Grand Jury; and (2) Petitioner's motion to correct and illegal sentence was timely because Maryland Rule 4-345(a) allows the trial court to correct an illegal sentence at any time. View "Johnson v. State" on Justia Law