Criminal procedure — Illegal sentence — Merger of murder and use of handgun
In 1994, a jury sitting in the Circuit Court for Baltimore City convicted Warren Stuckey, appellant, of first-degree murder, use of a handgun in the commission of a crime of violence or felony, and wearing, carrying, or transporting a handgun under one indictment and, under a second indictment, convicted him of robbery with a dangerous weapon, use of a handgun in the commission of a crime of violence or felony, and wearing, carrying, or transporting a handgun. The court sentenced Stuckey to life imprisonment, without parole, for the murder conviction and to various terms of confinement for the remaining offenses, to run concurrent with the life sentence. On appeal, this Court affirmed. Stuckey v. State, No. 1077, Sept. Term, 1994 (filed May 4, 1995).
In 2015, several years after his belated motion for modification of sentence was denied, Stuckey filed a motion to correct an illegal sentence claiming that his convictions should have merged for sentencing purposes. The circuit court denied the motion, whereupon Stuckey noted this appeal.