State v. SchlickAnnotate this Case
The Court of Appeals affirmed the judgment of the court of special appeals vacating the circuit court's dismissal of Defendant's motion for modification of sentence without ruling on the merits, holding that where a defendant has been granted postconviction relief to file a belated motion for modification of sentence the circuit court abuses its discretion by not exercising its "fundamental jurisdiction" to revise a sentence.
The postconviction court ruled that Defendant received ineffective assistance of counsel because his attorney failed timely to file a motion for modification. Accordingly, the postconviction court granted Defendant's permission to file a belated motion for modification. In compliance with the postconviction court's order, Defendant filed a motion for modification within ninety days of the postconviction court's order. The Supreme Court ruled that the trial court had revisory power over Defendant's sentence, and therefore, the court erred when it prematurely concluded that it lacked revisory power over Defendant's sentence and thereby failed to exercise its discretion to rule on the motion for modification of sentence.