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Session Laws, 1966
Volume 678, Page 568   View pdf image (33K)
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568                               LAWS OF MARYLAND                      [CH. 288

providing for the review of sentences in criminal cases, imposing
certain duties upon the judiciary of this State and upon the De-
partment of Parole and Probation in relation to such review of
sentence, and relating generally to certain criminal convictions and
to the right for a review of the sentences therein.

Section 1. Be it enacted by the General Assembly of Maryland,
That the following new sections be and they are hereby added to
Article 26 of the Annotated Code of Maryland (1957 Edition and
1965 Supplement), such sections to be under the new subtitle "Re-
view of Criminal Sentences," to follow immediately after Section
129, to be designated as Sections 130 to 136, inclusive of said Ar-
ticle, and to read as follows:

Review of Criminal Sentences
130.

Unless no different sentence could have been imposed or unless
the sentence was imposed by more than one trial judge, every person
convicted of a crime after the effective date of this subtitle by any
trial court of this State and sentenced to serve, with or without
suspension, a total of
not less MORE than two (2) years imprisonment
in any penal or correctional institution in this State, or sentenced to
death, shall be entitled to have the sentence reviewed by a panel
of three (3) or more trial judges of the judicial circuit in which the
sentencing court is located; provided, however, that no person shall
have the right to have any sentence reviewed more than once pur-
suant to this section. Whether or not he is a trial judge of the ju-
dicial circuit in which the sentencing court is located, the judge who
sentenced the convicted person shall be one of the members of the
panel, whenever he is determined to be available by the chief judge
of the judicial circuit in which the sentencing court is located,
unless this requirement is eliminated or amended by an appropriate
rule of the Court of Appeals.

131.

For purposes of this subtitle, a sentence shall be deemed to be a
sentence of
MORE THAN two (2) years or more, if by its imposition
by any trial court of this State, or if by the requirement of any trial
court of this State that all or any part of a suspended sentence be
served, the period of the sentence, when added to the unserved time of
any prior or simultaneous sentence, whether or not suspended, im-
posed by any court or other authority of this State or of any other jur-
isdiction, equals or exceeds two (2) years. If there has been a review
pursuant to this subtitle of a sentence which was originally sus-
pended in whole or in part and any suspended part of such sentence
is later required to be served, there shall not be any right of review
of the order requiring such suspended part of the sentence to be
served.

132.

The panel shall have the right to require the Department of
Parole and Probation to investigate, report, and make recommenda-


 

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Session Laws, 1966
Volume 678, Page 568   View pdf image (33K)   << PREVIOUS  NEXT >>


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