HARRY HUGHES, Governor

4435

provisions of this section shall apply to all persons
regardless of age.

643.

In all cases where the law prescribing a punishment for
crime fixes a maximum and a minimum penalty therefor, [the
judge of the Criminal Court of Baltimore and] the several
judges of the circuit courts of the counties and of the
District Court of Maryland may, in lieu of the minimum
penalty so prescribed, impose a less penalty of the same
character; provided, however, that nothing herein contained
shall be construed as affecting any maximum penalty fixed by
law, or the punishment for any crime where the law provides
one and only one penalty.

645A.

(a) Any person convicted of a crime and either
incarcerated under sentence of death or imprisonment or on
parole or probation, including any person confined or on
parole or probation as a result of a proceeding before the
District Court who claims that the sentence or judgment was
imposed in violation of the Constitution of the United
States or the Constitution or laws of this State, or that
the court was without jurisdiction to impose the sentence,
or that the sentence exceeds the maximum authorized by law,
or that the sentence is otherwise subject to collateral
attack upon any ground of alleged error which would
otherwise be available under a writ of habeas corpus, writ
of coram nobis, or other common-law or statutory remedy, may
institute a proceeding under this subtitle in the circuit
court for the county [or the Criminal Court of Baltimore] to
set aside or correct the sentence, provided the alleged
error has not been previously and finally litigated or
waived in the proceedings resulting in the conviction, or in
any other proceeding that the petitioner has taken to secure
relief from his conviction.

645JF.

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 any county
[or the Criminal Court of Baltimore City]; (3) the term
"sentencing judge" means the judge who imposed the sentence
or who required that any sentence, previously suspended, in
whole or in part, be served; (4) the term "sentencing court"
means the court in which the sentencing judge imposed the
sentence or required that any sentence, previously
suspended, in whole or in part, be served; and (5) the term
"panel" means the three (3) or more trial judges who conduct