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Session Laws, 1999
Volume 796, Page 1022   View pdf image
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SERVICES ARTICLE. A separate occasion shall be considered one in which the second
or succeeding offense is committed after there has been a charging document filed for
the preceding occasion.

643C.

(a) Nothing in this article OR § 3-218, § 3-305(C)(2), § 3-409(A) OR (C), § 3-803(B),
§ 3-807(I), § 3-808(D), § 3-811(C), §§ 8-801 THROUGH 8-608, § 9-602(E), § 11-702(B)(8)(I), §
11-703(D)(5)(III) AND (F)(4), § 11-705(H), § 11-706(B)(8), § 11-708(B)(8)(II), § 11-711(H)(2), §
11-712(C)(6)(II), § 11-714(C)(6), § 11-715(G)(2), § 11-716(H)(2), § 11-717(F)(2), § 11-723(B)(8)(I),
OR § 11-724(H)(2) OF THE CORRECTIONAL SERVICES ARTICLE may be construed to
prohibit the use of judicial guidelines in setting sentences.

645A.

(e) The remedy herein provided is not a substitute for, nor does it affect any
remedies which are incident to the proceedings in the trial court or any remedy of
direct review of the sentence or conviction. Except as provided in subsection (a)(3) of
this section, a petition for relief under this subtitle may be filed at any time, except
that where an appeal has been taken from the judgment of conviction to the Court of
Special Appeals, it shall not be necessary to appoint counsel or conduct a hearing or
take any action whatsoever on the petition, until the judgment of conviction becomes
final in the Court of Special Appeals. No appeals to the Court of Appeals or the Court
of Special Appeals in habeas corpus or coram nobis cases, or from other common-law
or statutory remedies which have heretofore been available for challenging the
validity of incarceration under sentence of death or imprisonment shall be permitted
or entertained, except appeals in such cases pending in the Court of Appeals on June
1, 1958, shall be processed in due course. Provided, however, that nothing in this
subtitle shall operate to bar an appeal to the Court of Special Appeals (1) in a habeas
corpus proceeding instituted under § 2-210 of Article 41 of this Code or (2) in any
other proceeding in which a writ of habeas corpus is sought for any purpose other
than to challenge the legality of a conviction of a crime or sentence of death or
imprisonment therefor, including confinement as a result of a proceeding under
[Article 31B of this Code] TITLE 4 OF THE CORRECTIONAL SERVICES ARTICLE.

776.

(c) Although not a party to a criminal proceeding, the victim of the violent
crime for which the defendant is charged has the right to file an application for leave
to appeal to the Court of Special Appeals from an interlocutory or final order that
denies or fails to consider a right secured to that victim by § 773(c), § 780, § 780A, or
§ 781 of this subtitle or [Article 41, § 4-609 of the Code] § 6-112 OF THE
CORRECTIONAL SERVICES ARTICLE.

781.

(b) A presentence investigation that is completed by the Division of Parole and
Probation under [Article 41, § 4-609 of the Code] § 6-112 OF THE CORRECTIONAL
SERVICES ARTICLE or a predisposition investigation that is completed by the
Department of Juvenile Justice shall include a victim impact statement, if:

 

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Session Laws, 1999
Volume 796, Page 1022   View pdf image
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