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RANDOLPH THOMPSON v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Lack of preliminary hearing

In 1995, Randolph Thompson, appellant, was convicted of first degree murder and use of a handgun in the commission of a felony or crime of violence (use of a handgun) following a jury trial, in the Circuit Court for Baltimore City. In 2013, Thompson filed a motion to correct illegal sentence, contending that the circuit court did not have jurisdiction to try and sentence him for those offenses because, he claims, he was tried on a criminal information and was never given a preliminary hearing as required by Maryland Rule 4-201 (c). After determining that Thompson had been tried on an indictment, and not on an information, the circuit court denied his motion. On appeal, Thompson presents one question for our review: Did the trial court err in denying his motion to correct illegal sentence?

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