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MARCUS PRESTON v. STATE OF MARYLAND

Appellant, Marcus Preston, was indicted on April 21, 2004 and charged with distribution of cocaine, possession with intent to distribute cocaine, and possession of cocaine in the Circuit Court for Baltimore City. On December 3, 2004, appellant pled guilty to distribution of cocaine (State of Maryland v. Marcus Preston, Case No. 104112019). He was sentenced to three years of incarceration with two years, eleven months, and eighteen days suspended followed by three years probation. Appellant did not appeal his sentence, nor did he file an application for post-conviction relief.

In 2006, appellant violated his probation and was ordered to serve eighteen months of his previously suspended sentence. Following his release, he was convicted of unrelated federal charges and remained in federal custody. Appellant claims his federal sentence was increased under federal sentencing guidelines because of his 2004 Maryland conviction. On March 9, 2012, appellant filed a petition for writ of error coram nobis which the circuit court denied without a hearing in a written order filed August 21, 2013. It is from this denial that appellant appeals. He presents one question, which we have rephrased: Did the circuit court err in denying appellant’s petition for writ of error coram nobis where appellant asserted that his 2004 plea did not comport with Maryland Rule 4-242(c)?

Read the unreported opinion.