Please ensure Javascript is enabled for purposes of website accessibility


Criminal procedure — Illegal sentence — Separate sentences for robbery and second-degree assault

On April 14, 2015, a Cecil County jury convicted appellant Raymond Evans of robbery and second-degree assault. On March 4, 2016, the circuit court sentenced Evans to ten years’ imprisonment on the robbery conviction and to five years’ imprisonment, all of it suspended, on the second-degree assault conviction. The two sentences were to run consecutively. The court also sentenced Evans to five years’ probation, but his commitment record states that the term of probation is attached to the robbery conviction, on which he has no suspended time. Evans filed this timely appeal.

Evans presents three questions for review, which we quote:

1. Are separate sentences for robbery and second-degree assault illegal?

2. Did the trial court err in attaching a term of probation to a sentence with no suspended time?

3. Did the trial court err in imposing conditions of probation with no relation to the facts of the offenses?

Read the opinion here: