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Criminal procedure — Motion to vacate convictions — Fraud, mistake or irregularity

In 2007, a jury in the Circuit Court for Anne Arundel County convicted Chauncey Antonio Hill, appellant, of child abuse, second-degree rape, and third-degree sex offense. The court sentenced Hill to a term of 15 years’ imprisonment for child abuse, a consecutive 10 years for second-degree rape, and a consecutive 5 years for third-degree sex offense. Hill appealed and argued for a reversal on the ground that the trial court erred in admitting DNA evidence. This Court rejected the argument and affirmed the judgments. Chauncey Hill v. State, No. 2452, September Term, 2007 (filed August 4, 2009), cert. denied, 411 Md. 356 (2009). Years later, upon the appeal of the denial of a motion to correct an illegal sentence, this Court held that Hill’s convictions for second-degree rape and third-degree sex offense should have merged into his conviction for child abuse for sentencing purposes. Thus, we vacated the sentences for second-degree rape and third-degree sex offense, leaving intact his 15-year sentence for child abuse. Chauncey A. Hill v. State, No. 2629, September Term, 2013 (filed July 7, 2015).

In April 2015, Hill filed a pro se “motion to vacate the convictions under the court’s supervisory power and Maryland Rule 4-331(b).” As grounds, Hill alleged that a warrant issued in Virginia, where he was residing before his arrest, was defective and hence his subsequent arrest invalid. Indeed, the warrant authorized the police to obtain a DNA sample from Hill. The circuit court summarily denied the motion, prompting this appeal.

Read the opinion here: