 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Maryland v. Kennedy10/9/1990
REF--> (1983); Director of Finance, Prince George's County v. Cole, 296 Md. 607, 635, 465 A.2d 450 (1983); Employ. Sec. Adm. v. Browning-Ferris, 292 Md. 515, 526, 438 A.2d 1356 (1982); 2A N. Singer, Sutherland on Statutes & Statutory Construction, § 51.05 (rev. 4th ed. 1984).
Therefore, §§ 641(a) and 139 can be harmonized by a commonsense interpretation; the more general § 641(a) which allows probation before judgment applies to all persons found guilty of crimes except those who are subject to a mandatory prison sentence under a specific section of the Code such as § 139. Here, the Petitioner must receive a
prison sentence, one imposed by § 139, an exception to the general rule of § 641(a). Hence, section 641(a) does not apply to Kennedy at all.
Therefore, since probation before judgment is clearly an impermissible sentencing alternative under § 139, the courts below erred in relying on Art. 27, § 641(a) to provide the authority to grant Kennedy probation before judgment. A sentence of incarceration additional to the one he was serving at the time of his escape is the only legal alternative under § 139. The sentence imposed was not that mandated by law. Therefore, the State was entitled to appeal the judgment under § 12-302(c)(2) of the Courts Article.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED. CASE REMANDED TO THAT COURT WITH DIRECTIONS TO VACATE THE SENTENCE OF THE CIRCUIT COURT FOR CARROLL COUNTY AND REMAND TO THAT COURT FOR A NEW SENTENCING PROCEEDING. RESPONDENT TO PAY THE COSTS IN THIS COURT AND THE COURT OF SPECIAL APPEALS.
Disposition
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED. CASE REMANDED TO THAT COURT WITH DIRECTIONS TO VACATE THE SENTENCE OF THE CIRCUIT COURT FOR CARROLL COUNTY AND REMAND TO THAT COURT FOR A NEW SENTENCING PROCEEDING. RESPONDENT TO PAY THE COSTS IN THIS COURT AND THE COURT OF SPECIAL APPEALS.
ADKINS, Judge, dissenting.
I dissent for the reasons stated by the Court of Special Appeals in this case. See State v. Kennedy, 79 Md. App. 433, 557 A.2d 268 (1989).
Judges Footnotes
Page 1 2 3 4 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|