State v. Clements

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The Court of Appeals affirmed the judgment of the Court of Special Appeals granting Respondent’s motion to dismiss and dismissing the State’s appeal from the circuit court’s grant of Respondent’s motion to correct illegal sentence for want of a final judgment, holding that the circuit court’s grant of Respondent’s motion correct an illegal sentence and vacation of Respondent’s sentence was an interlocutory order that will not become a final judgment triggering the State’s right to appeal until the circuit court imposes a new sentence. The circuit court vacated the sentence imposed in connection with Respondent’s convictions for three counts of first-degree murder and other crimes after granting Respondent’s motion to correct illegal sentence under Maryland Rule 4-345(a) based on recent United States Supreme Court precedent involving life sentences for juvenile offenders. The State appealed. The Court of Appeals granted Respondent’s motion to dismiss, holding that the mere grant of a motion to correct an illegal sentence, without imposition of a new sentence, is not an appealable final judgment from which the State has the right to appeal. View "State v. Clements" on Justia Law

Posted in: Criminal Law

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