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Carter v. Maryland6/1/1990
strict Court. Nor could he intelligently conduct his defense without knowing what his full potential sentence might be. The notice requirement of MR 4-245(b) is intended to prevent such situations. Because the State did not file its notice of enhanced punishment by the earlier of the applicable deadlines specified in the rule, the circuit court was prohibited from sentencing Petitioner as a subsequent offender. Consequently, the maximum sentence that Petitioner could have received in circuit court was 60 days and/or $500.00, the maximum possible sentence without enhanced punishment for a conviction for driving under the influence.
SENTENCE OF THE CIRCUIT COURT FOR FREDERICK COUNTY VACATED. CASE REMANDED TO THAT COURT FOR RESENTENCING CONSISTENT WITH THIS OPINION. FREDERICK COUNTY TO PAY THE COSTS.
Disposition
SENTENCE OF THE CIRCUIT COURT FOR FREDERICK COUNTY VACATED. CASE REMANDED TO THAT COURT FOR RESENTENCING CONSISTENT WITH THIS OPINION. FREDERICK COUNTY TO PAY THE COSTS.
Judges Footnotes
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