RULE 4-345. SENTENCING--REVISORY POWER OF COURT
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2020
Effective: January 1, 2020
MD Rules, Rule 4-345
RULE 4-345. SENTENCING--REVISORY POWER OF COURT
Cross reference: See State v. Brown, 464 Md. 237 (2019), concerning an evident mistake in the announcement of a sentence.
(d) Desertion and Non-Support Cases. At any time before expiration of the sentence in a case involving desertion and non-support of spouse, children, or destitute parents, the court may modify, reduce, or vacate the sentence or place the defendant on probation under the terms and conditions the court imposes.
(1) Generally. Upon a motion filed within 90 days after imposition of a sentence (A) in the District Court, if an appeal has not been perfected or has been dismissed, and (B) in a circuit court, whether or not an appeal has been filed, the court has revisory power over the sentence except that it may not revise the sentence after the expiration of five years from the date the sentence originally was imposed on the defendant and it may not increase the sentence.
Cross reference: Rule 7-112 (b).
Committee note: The court at any time may commit a defendant who is found to have a drug or alcohol dependency to a treatment program in the Maryland Department of Health if the defendant voluntarily agrees to participate in the treatment, even if the defendant did not timely file a motion for modification or timely filed a motion for modification that was denied. See Code, Health--General Article, § 8-507.
(2) Notice to Victims. The State's Attorney shall give notice to each victim and victim's representative who has filed a Crime Victim Notification Request form pursuant to Code, Criminal Procedure Article, § 11-104 or who has submitted a written request to the State's Attorney to be notified of subsequent proceedings as provided under Code, Criminal Procedure Article, § 11-503 that states (A) that a motion to modify or reduce a sentence has been filed; (B) that the motion has been denied without a hearing or the date, time, and location of the hearing; and (C) if a hearing is to be held, that each victim or victim's representative may attend and testify.
(3) Inquiry by Court. Before considering a motion under this Rule, the court shall inquire if a victim or victim's representative is present. If one is present, the court shall allow the victim or victim's representative to be heard as allowed by law. If a victim or victim's representative is not present and the case is one in which there was a victim, the court shall inquire of the State's Attorney on the record regarding any justification for the victim or victim's representative not being present, as set forth in Code, Criminal Procedure Article, § 11-403 (e). If no justification is asserted or the court is not satisfied by an asserted justification, the court may postpone the hearing.
(f) Open Court Hearing. The court may modify, reduce, correct, or vacate a sentence only on the record in open court, after hearing from the defendant, the State, and from each victim or victim's representative who requests an opportunity to be heard. The defendant may waive the right to be present at the hearing. No hearing shall be held on a motion to modify or reduce the sentence until the court determines that the notice requirements in subsection (e)(2) of this Rule have been satisfied. If the court grants the motion, the court ordinarily shall prepare and file or dictate into the record a statement setting forth the reasons on which the ruling is based.
Cross reference: See Code, Criminal Procedure Article, § 8-302, which allows the court to vacate a judgment, modify a sentence, or grant a new trial for an individual convicted of prostitution if, when the crime was committed, the individual was acting under duress caused by the act of another committed in violation of Code, Criminal Law Article, § 11-303, the prohibition against human trafficking. See Code, Criminal Law Article, § 5-609.1 regarding an application to modify a mandatory minimum sentence imposed for certain drug offenses prior to October 1, 2017, and for procedures relating thereto.
Source: This Rule is derived in part from former Rule 774 and M.D.R. 774, and is in part new.
[Adopted April 6, 1984, eff. July 1, 1984. Amended Oct. 5, 1992, eff. Jan. 1, 1993; Nov. 1, 2001, eff. Jan. 1, 2002; May 11, 2004, eff. July 1, 2004; Nov. 8, 2005, eff. Jan. 1, 2006; May 8, 2007, eff. July 1, 2007; March 9, 2010, eff. July 1, 2010; Nov. 1, 2012, eff. Jan. 1, 2013; June 20, 2017, eff. Aug. 1, 2017; April 9, 2018, eff. July 1, 2018; Nov. 19, 2019, eff. Jan. 1, 2020.]
MD Rules, Rule 4-345, MD R CR Rule 4-345
Current with amendments received through August 1, 2020.
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