Please ensure Javascript is enabled for purposes of website accessibility


Criminal procedure — Illegal sentence — Exceeds plea agreement

In 2002, William Campbell, appellant, pursuant to a plea agreement, pleaded guilty in the Circuit Court for Washington County to four counts of armed robbery and one count of use of a handgun in the commission of a crime of violence. The court sentenced Campbell to a total of 75 years’ imprisonment, with all but 35 years suspended. In 2008, Campbell filed a motion to correct an illegal sentence, which was denied by the circuit court, a ruling that was subsequently affirmed by this Court. In 2015, Campbell filed a second motion to correct an illegal sentence. When the circuit court denied that motion, Campbell noted this appeal, claiming that his sentence was illegal because it exceeded the agreed-upon sentencing cap of forty years, which was part of a binding plea agreement; that the sentencing court erred in failing to notify him that the court was not bound by the State’s recommendation; and, that the sentencing court erred in failing to afford him the opportunity to withdraw his plea.

Read the opinion here: