 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Flaherty v. Maryland3/27/1991
>
Id. at 443, 450 A.2d 490.
The intermediate appellate court's holding in Rojas was based upon a determination that Rojas had breached a material term of the agreement, which "constitute an unfair derogation of the State's reasonable expectation that the public would be protected." Id. at 445, 450 A.2d 490. In so holding, the court noted that " ere severance of an unenforceable sentence term such as banishment, is appropriate only when the remainder of the original sentence will adequately protect the public." Id., citing Rutherford v. Blankenship, 468 F.Supp. 1357, 1361 (W.D.Va.1979).
We conclude that under the particular circumstances of this case, the proper remedy was that which was initially applied by the trial judge -- the striking of the illegal condition. The condition was one that the trial judge fully appreciated should not have been applied in the first instance, and the remainder of the sentence appears adequate for the protection of the public. Though the defendant receives a small benefit from this disposition, we think it is, on balance, just. Because Judge Nalley has already stricken the illegal requirement for imprisonment, and because we find that the finding of guilt and the remaining sentence were incorrectly set aside, it follows that Flaherty's plea of former jeopardy is appropriate.
On remand, the circuit court should direct the District Court to reinstate the probation before judgment, and to
grant the defendant's motion to dismiss further proceedings.
JUDGMENT OF THE CIRCUIT COURT FOR CHARLES COUNTY REVERSED; CASE REMANDED TO THAT COURT FOR FURTHER PROCEEDINGS NOT INCONSISTENT WITH THIS OPINION; COSTS TO BE PAID BY CHARLES COUNTY.
Disposition
JUDGMENT OF THE CIRCUIT COURT FOR CHARLES COUNTY REVERSED; CASE REMANDED TO THAT COURT FOR FURTHER PROCEEDINGS NOT INCONSISTENT WITH THIS OPINION; COSTS TO BE PAID BY CHARLES COUNTY.
Judges Footnotes
Page 1 2 3 4 5 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|