Gardner v. State
Annotate this CasePetitioner was found guilty of armed robbery and use of a handgun in the commission of a felony and sentenced to concurrent sentences of 25 years' imprisonment without the possibility of parole for armed robbery, and 5 years without the possibility of parole for the handgun violation. Petitioner sought review of the sentence by a three-judge panel pursuant to Maryland Code 8-102, 8-105 of the Criminal Procedure Article and the panel unanimously increased the sentence originally imposed to 45 years of executed time. Thereafter, the Court of Appeals reversed the judgments of conviction and sentenced petitioner to a total of 40 years of executed time. At issue was what was the "sentence previously imposed" when the judge's sentence was increased by a three-judge sentence review. The court held that, in that instance, the sentence imposed by the three-judge panel was the "sentence previously imposed" for purposes of Maryland Code 12-702(b) of the Courts and Judicial Proceedings Article. Accordingly, the court affirmed the Court of Appeals and petitioner's 40-year sentence.
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