Bratt v. State
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The Court of Appeals affirmed the decision of the Court of Special Appeals reversing the judgment of the circuit court granting Petitioner's motion to correct an illegal sentence after Petitioner's earlier filed petition for credit had been granted and his commitment record was adjusted to reflect credit for time served, holding that the trial court did not impose an inherently illegal sentence because the failure to award credit is not an illegality that lies within the sentence itself.
In his motion to correct an illegal sentence Petitioner argued that the amendment to his commitment record applying the appropriate credits for time served was of no legal force in the absence of a hearing. Thus, Petitioner argued, his original sentence was still in effect, and that sentence constituted an illegal sentence. The trial judge found that the original sentence was indeed illegal and that the later amendment was insufficient to correct the illegal sentence because the required hearing was not held. The Court of Special Appeals reversed. The Court of Appeals affirmed, holding that the trial court erred in granting the motion to correct an illegal sentence because it was not the appropriate mechanism for challenging the failure to award credit against a sentence.
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