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Criminal procedure — Illegal sentence — Fourth-time offender

In 2012, Montray Williams, appellant, was convicted by a jury, in the Circuit Court for Baltimore County, of two counts of robbery stemming from a bank robbery involving two bank tellers. Because this was his fourth conviction for a crime of violence, the State sought an enhanced sentence of life imprisonment, without the possibility of parole, pursuant to Section 14-101 of the Criminal Law Article of the Maryland Code. The court sentenced Williams to the enhanced sentence of life imprisonment without the possibility of parole for each robbery conviction, with the sentences to run concurrent with each other. Upon appeal, this Court held that the statute only permitted the imposition of one mandatory sentence and, accordingly, vacated the life sentence imposed for the second count of robbery and remanded for re-sentencing on that count. Williams v. State, 220 Md. App. 27, 45 (2014), cert. denied, 441 Md. 219 (2015).

In 2015, Williams filed a motion to correct an illegal sentence in which he asserted that his sentence as a fourth-time offender for a crime of violence was illegal because, among other reasons, he had never been sentenced as a third-time offender. The circuit court denied the motion, prompting this appeal.

Read the opinion here: