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STATE OF MARYLAND v. KARIEM YOONUS AKA FARIEN YOONUS and DASHAWN PAYTON

On January 17, 2014, in two separate cases, a Baltimore City circuit court judge struck a sentence imposed pursuant to an ABA guilty plea and dismissed all charges against the defendants with prejudice. The circuit court took this action solely because an assistant state’s attorney for Baltimore City failed to obey a scheduling order.

The question presented in these consolidated appeals, as phrased by the State, is:

Did the lower court act without authority when it set aside [a]ppellees’ convictions, permitted them to withdraw from their binding plea agreements and dismissed their indictments for the State’s technical violation of a scheduling order?

We shall answer that question in the affirmative and reverse the judgments entered in favor of the appellees.

Read the unreported opinion.