14

LAWS OF MARYLAND

Ch. 3

(5)    The defendant committed the murder pursuant
to an agreement or contract to commit the murder for
pecuniary gain;

(6)    At the time of the murder, the defendant
was under a sentence of life imprisonment;

(7)    The defendant committed more than one
offense of murder in the first degree arising out of the
same or separate incidents;

(8)    The defendant committed the murder while
committing or attempting to commit robbery.]

645JA.

(A)    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 July
1, 1966, ] by any trial court of this State and sentenced to
serve, with or without suspension, a total of 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]. HOWEVER, A person [shall have the] HAS NO right to
have any sentence reviewed more than once pursuant to this
section. Notwithstanding any rule of the Court of Appeals
to the contrary, the judge who sentenced the convicted
person shall not be one of the members of the panel, but if
he so desires he may sit with the panel in an advisory
capacity only.

(B)    THE REVIEW OF A SENTENCE OF DEATH IS GOVERNED BY
THE PROVISIONS OF SECTION 414 OF THIS ARTICLE.

645JC.

The panel shall have the right to require the
Department of Parole and Probation to investigate, report,
and make recommendations 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 suspended with or without probation, upon
such terms and conditions as the panel may deem just and
which could lawfully have been imposed 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,
without 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