State v. Bustillo
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The Court of Appeals reversed the judgment of the court of special appeals reversing Defendant's sentence on the ground that the district court's failure to advise Defendant of the duration of his probation, as required by Maryland Rule 4-346(a), rendered the sentence illegal, holding that the violation of Rule 4-346(a) did not render the sentence illegal.
In imposing Defendant's split sentence of twenty-five years, suspending five years, the court mentioned probation but failed to advise Defendant of the probation's duration. However, the court did include a five-year term and conditions of probation in a probation order signed by Defendant and his counsel before leaving the courtroom. The court of special appeals reversed and remanded to the circuit court to strike the five-year probation from the sentence. The Court of Appeals reversed, holding that the sentencing judge's error constituted clear error, but not one that rendered the sentence illegal.
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