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Criminal procedure — Illegal sentence — Enhanced sentence

Wayne Robertson, appellant, was convicted, by a jury sitting in the Circuit Court for Baltimore County, of attempted murder in the first degree, robbery with a dangerous weapon, and use of a handgun in the commission of a crime of violence. The court imposed sentences which, on aggregate, amounted to life imprisonment plus twenty years, without the possibility of parole for the first twenty-five years. Subsequently, Robertson filed a motion to correct illegal sentence; the motion was denied. This appeal followed.

Robertson presents the following questions for our review: I. Whether the circuit court erred in denying appellant’s motion to correct an illegal sentence, without a hearing, when the court imposed an additional 25-year (without parole) consecutive sentence not related to any crime for which appellant was convicted? II. Whether the 25-year without parole statutory enhancement filed by the State repeals by implication the common law sentence for attempted murder?

Read the opinion here: