Abdul-Maleek v. State
Annotate this CasePetitioner Muhammad Abdul-Maleek was convicted in the district court of theft. Petitioner exercised his right to appeal and was afforded a de novo trial by jury in the circuit court. The jury likewise convicted Petitioner of left, and the circuit court imposed a more severe sentence than that imposed by the district court. Petitioner appealed, asserting that the circuit court impermissibly based his sentence on the fact that he exercised his right to appeal and receive a de novo jury trial. The Court of Appeals vacated the sentence, holding that Petitioner was entitled to resentencing because the court's comments at sentencing could cause a reasonable person to conclude that the sentence was based in part on Petitioner's exercise of his right to a de novo trial on appeal. Remanded for resentencing.
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