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RULE 4-345. SENTENCING--REVISORY POWER OF COURT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 300. Trial and Sentencing
MD Rules, Rule 4-345
RULE 4-345. SENTENCING--REVISORY POWER OF COURT
(a) Illegal Sentence. The court may correct an illegal sentence at any time.
(b) Fraud, Mistake, or Irregularity. The court has revisory power over a sentence in case of fraud, mistake, or irregularity.
(c) Correction of Mistake in Announcement. The court may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding.
(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.
(e) Modification Upon Motion.
(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.

Credits

[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.]

Editors' Notes

HISTORICAL NOTES
2001 Orders
The November 1, 2001, order, in section (b), in the second sentence, substituted “section (e)” for “section (d)”; inserted section (c); redesignated former sections (c) and (d) as sections (d) and (e), respectively; and rewrote section (d), formerly section (c), which previously read: “The court may modify, reduce, correct, or vacate a sentence only on the record after notice to the parties and an opportunity to be heard.”
2004 Orders
The May 11, 2004, order rewrote this rule, which previously read:
“(a) Illegal Sentence. The court may correct an illegal sentence at any time.
“(b) Modification or Reduction--Time For. The court has revisory power and control over a sentence upon a motion filed within 90 days after its imposition (1) in the District Court, if an appeal has not been perfected, and (2) in a circuit court, whether or not an appeal has been filed. Thereafter, the court has revisory power and control over the sentence in case of fraud, mistake, or irregularity, or as provided in section (e) of this Rule. The court may not increase a sentence after the sentence has been imposed, except that it may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding.
“(c) 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 (1) that a motion to modify or reduce a sentence has been filed; (2) that the motion has been denied without a hearing or the date, time, and location of the hearing; and (3) if a hearing is to be held, that each victim or victim's representative may attend and testify.
“(d) 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. No hearing shall be held on a motion to modify or reduce the sentence until the court determines that the notice requirements in section (c) 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.
“(e) 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.
“Source: This Rule is derived from former Rule 774 and M.D.R. 774.”
2005 Orders
The November 8, 2005, order, in section (f), inserted the sentence “The defendant may waive the right to be present at the hearing.”.
2007 Orders
The May 8, 2007, order added the committee note following subsection (e)(2).
2010 Orders
The March 9, 2010, order, in subsec. (e), amended and moved the committee note; and added subsec. (e)(3).
2012 Orders
The November 1, 2012, order added a cross reference after section (f).
2017 Orders
The June 20, 2017 order, amended the Rule to conform to the renaming of the “Department of Health and Mental Hygiene” to the “Maryland Department of Health.”
2018 Orders
The April 9, 2018 order, added language to the cross reference following section (f) to reflect amendments to Code, Criminal Law Article, Section 5-609.1, made by Chapter 515, Laws of 2016.
MD Rules, Rule 4-345, MD R CR Rule 4-345
Current with amendments received through September 15, 2018.
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