Ray v. State

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The Court of Appeals affirmed the judgment of the court of special appeals affirming the denial of Petitioner’s motion to correct illegal sentence. Petitioner pleaded not guilty to conspiracy to commit theft and making a false statement to the police and was sentenced to ten years’ incarceration with six years suspended and four years’ probation. Petitioner argued in his motion to correct illegal sentence that the circuit court imposed an illegal sentence after it bound itself to a cap of four years on any executed incarceration. Specifically, Petitioner argued that a reasonable lay person in his position would not have understood that he could have received a total sentence in excess of four years - including a suspended sentence and probation in addition to incarceration. The court of special appeals affirmed the denial of Petitioner’s motion to correct illegal sentence. The Court of Appeals affirmed, holding that Petitioner’s sentence was legal because the plain language of the cap was clear and unambiguous. View "Ray v. State" on Justia Law

Posted in: Criminal Law

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