J. MILLARD TAWES, Governor                        569

tions with regard to any such application for review. The panel
shall consider each application for review and shall have the power,
with or without holding a hearing, to order a different sentence to
be imposed or served, including, by way of illustration and not by
way of limitation, an increased or decreased sentence, or a suspended
sentence to be served in whole or in part, or a sentence to be sus-
pended with or without probation, upon such terms and conditions
as the panel may deem just and which could lawfully have been im-
posed by the sentencing court at the time of the imposition of the
sentence under review, or the panel may decide that the sentence
under review should stand unchanged; except that the panel, with-
out holding a hearing, shall not increase any sentence, or order any
suspended sentence or any suspended part of a sentence to be served,
or order the reduction of a death sentence to a sentence for life or
term of years; and except further that no sentence for life or term
of years may be increased to death by the panel with or without
holding a hearing. The decision of the panel in each review shall
be rendered by a majority of the members of the panel. If the
panel orders any different sentence, the panel shall resentence and
notify the convicted person in accordance with the order of the
panel. Time served on any sentence under review shall be deemed
to have been served on the sentence substituted.

133.

The filing of an application for review under this subtitle shall
not stay the execution of the sentence, but after the application
is filed, the sentencing judge may grant such a stay pending a de-
cision under this subtitle. The filing of an application for review of
a sentence shall not in any way affect the time allowed for filing an
appeal on the merits of the case or a motion for a new trial, or
affect the power of the trial judge to change the sentence to the ex-
tent permitted by the rules of the Court of Appeals in force and
effect from time to time.

Any person who has the right to file an application for review
under this subtitle shall have the right to be represented by counsel
retained by him, or appointed by the sentencing judge, in connec-
tion with determining whether to seek such review and in connec-
tion with filing application for such review. If the panel holds a
hearing in connection with any review of a sentence pursuant to
this subtitle, the defendant shall be entitled to appear in person at
the hearing and to be represented by counsel retained by him, or
previously appointed by the sentencing judge, or appointed by one
or more members of the panel. The state's attorney or assistant
state's attorney who prosecuted the case shall also be entitled to
appear at the hearing.

135.

For purposes of this subtitle, (1) the term "trial judge" means a
judge of the circuit court of the county or of the Supreme Bench
of Baltimore City, or of the judicial circuit of this State, in which
the sentencing court is located, whether the judge was elected or
appointed; (2) the term "trial court" means the circuit court for