State v. DayAnnotate this Case
The Court of Appeals remanded this case, without affirming or reversing, to the court of special appeals with instruction to explain the basis of its order reversing the circuit court's judgment denying postconviction relief and remanding and granting permission for the filing of a belated motion for modification of sentence, holding the Court was unable to determine the basis underlying the court of special appeals' order.
Defendant was convicted of first-degree robbery, robbery, and conspiracy to commit robbery. Defendant later petitioned for postconviction relief, alleging that he received ineffective assistance of counsel. The circuit court denied postconviction relief. The court of special appeals summarily reversed and remanded with instruction to permit Defendant to file a belated motion for modification of sentence. At issue on appeal was whether trial counsel's failure to timely file a motion for modification of sentence pursuant to Maryland Rule 4-345(e) constituted ineffective assistance of counsel. The Supreme Court remanded the case without reaching the merits, holding that the order of the court of special appeals was unclear and the case must be remanded for clarification.