State of Maryland v. James Green, Jr., 367 Md. 61

Summary

The Maryland Court of Appeals held that the State does not have a common-law right to appeal an allegedly illegal criminal sentence, overruling Cardinell v. State. The court nevertheless held that the State's appeal was authorized by Maryland Courts and Judicial Proceedings § 12-302(c)(2), because the circuit court had improperly modified a mandatory sentence imposed under Maryland Code Article 27 § 643B(c).

Holdings

1. The State does not have a common-law right under Maryland law to appeal an allegedly illegal criminal sentence. Cardinell v. State, 335 Md. 381, 644 A.2d 11 (1994), was overruled.
2. Section 12-302(c)(2) expressly authorized the State to appeal because the circuit court failed to impose the sentence specifically mandated by the Code when it modified Green's mandatory § 643B(c) sentence.
3. A defendant sentenced under article 27, § 643B(c) is not eligible for modification of that mandatory sentence through commitment for treatment under Health-General Article § 8-507.

Questions Presented

1. Whether Maryland law recognizes a common-law right for the State to appeal an allegedly illegal criminal sentence.
2. Whether Courts and Judicial Proceedings Article § 12-302(c)(2) authorized the State's appeal from the circuit court's modification of Green's mandatory sentence.
3. Whether a sentence imposed under article 27, § 643B(c) could be modified by committing the defendant for treatment under Health-General Article § 8-507.
4. Whether the circuit court's modified sentence constituted a failure to impose the sentence specifically mandated by the Code.

Disposition

reversed