Barnes v. State
Annotate this CasePetitioner Kenneth Barnes pleaded guilty to third-degree sexual offense involving a minor under the age of fifteen. Following his conviction, Barnes was directed to register as a sexual offender. Barnes was later convicted of violating the registration statute and was placed on probation. A subsequent violation of that probation resulted in prison time. Upon being released, Barnes filed a motion to correct an illegal sentence, arguing that his probation and incarceration were the result of the erroneous imposition of the sexual offender registration requirement. The circuit court denied the motion, and the court of special appeals affirmed. The Court of Appeals dismissed Barnes's case as moot, holding that Barnes's claim was not justiciable because he was not currently serving a "sentence" for the purposes of Maryland Rule 4-345(a), and therefore, there was no sentence for the Court to correct.
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