Court of Appeals of Maryland· 6/11/2008

Montgomery v. State

Citations

950 A.2d 77
405 Md. 67
2008 Md. LEXIS 313

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

Because the sentence was not authorized by statutes or rules, “it constituted an illegal sentence”
“[A] trial court error during the sentencing proceeding is not ordinarily cognizable under Rule 4-345(a) where the resulting sentence or sanction is itself lawful.” (citations and quotation marks omitted)
“A motion to correct an illegal sentence ordinarily can be granted only where there is some illegality in the sentence itself or where no sentence should have been imposed.”
“[Fjailure to object to an allegedly illegal sentence at the time it was imposed does not preclude a defendant from later raising the issue or later filing a motion to correct an illegal sentence”
“The five-year limitation upon the Circuit Court’s authority to revise a sentence under Rule 4-345(e)(1) was not in effect when the sentence in this case was imposed and when the motion under the Rule was filed.” (emphasis added)
“The five-year limitation upon the Circuit Court’s authority to revise a sentence under Rule 4-345(e)(1) was not in effect when the sentence in this case was imposed and when the motion under the Rule was filed.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Eldridge

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Cites

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