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OLIVER MILLS v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Increased sentence

In 2005, following a jury trial in the Circuit Court for Wicomico County, Oliver Mills, appellant, was convicted of second-degree rape, third-degree sexual offense, sexual abuse of a minor, and second-degree assault. He was sentenced to a term of twenty years’ imprisonment for second-degree rape, to a term of ten years’ for third-degree sexual offense, to run concurrent with the rape sentence, and to a term of fifteen years’ for sexual abuse of a minor, to run consecutive to the sentence for third-degree sexual offense. Mills appealed and this Court affirmed. Oliver Mills v. State, No. 548, Sept. Term, 205 (filed June 20, 2006).

In 2015, Mills filed a motion to correct an illegal sentence pursuant to Rule 4-345(a) in which he claimed that, after the court announced its sentence and released him to the custody of the Department of Corrections, he was brought back into the courtroom and his sentence was “increased.” This was the third such motion that Mills had filed in the circuit court, each raising the same contention. When the circuit court denied this motion, as it had denied his previous two motions, Mills noted this appeal.

Read the opinion here: