(C) FOLLOWING ENTRY OF A FINAL ORDER OF CONVICTION AND SENTENCE
IN A CASE SUBJECT TO THE SENTENCING GUIDELINES, THE CLERK OF THE CIRCUIT
COURT IN WHICH THE CASE WAS TRIED SHALL SEND A COPY OF THE ORDERS, THE
ORIGINAL OF THE SENTENCING GUIDELINES WORKSHEET, AND A COPY OF ANY
DEPARTURE EXPLANATION TO THE STATE COMMISSION ON CRIMINAL SENTENCING
POLICY AS SOON AS POSSIBLE AND NO LATER THAN 30 DAYS AFTER SENTENCING.
[(e)] (D) (1) If a court prepares a Maryland sentencing guidelines
worksheet, the clerk of the court shall deliver to the agency that has been ordered by
the court to retain custody of the defendant a copy of the Maryland sentencing
guidelines worksheet with the commitment order or as soon as practicable after
issuance of the commitment order.
(2) The Parole Commission shall review a Maryland sentencing
guidelines worksheet for purposes of complying with the requirements of Article 41,
Title 4, Subtitle 5 of the Code.
(E) THE FAILURE OF A COURT TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION DOES NOT AFFECT THE LEGALITY OR EFFICACY OF THE SENTENCE
IMPOSED.
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
by any trial court of this State and sentenced to serve, with or without suspension, a
total of more than two years imprisonment in any penal or correctional institution in
this State shall be entitled to have the sentence reviewed by a panel of three or more
trial judges of the judicial circuit in which the sentencing court is located. However, a
person 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 § 414 of
this article.
645JC.
(a) The panel shall have the right to require the Division of Parole and
Probation to investigate, report, and make recommendations with regard to any such
application for review.
(b) (1) The panel shall consider each application for review and shall have
the power, with 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 remain unchanged.
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