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DARYL JENARD BLAND v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Firearm offense

In 2012, following a bench trial in the Circuit Court for Baltimore City, Daryl Jenard Bland, appellant, was convicted of first and second degree assault, use of a handgun in the commission of a crime of violence, possessing a regulated firearm after having been convicted of a disqualifying crime, and wearing, carrying, and transporting a handgun. After merging certain offenses for sentencing purposes, the court sentenced Bland to a term of fifteen years’ imprisonment for first-degree assault, a concurrent term of twenty years’ imprisonment for the use of a handgun offense, and a consecutive term of five years’ imprisonment, to be served without the possibility of parole, for the regulated firearm offense.

On direct appeal, Bland argued that the firearm sentence was illegal because the statute did not authorize the court to order that the sentence be served without the possibility of parole. We agreed. Accordingly, we vacated the sentence for the firearm offense and remanded for re-sentencing on that conviction. Bland v. State, No. 462, Sept. Term, 2012 (filed October 7, 2013). The commitment record reflects that, upon remand from this Court, the circuit court imposed the same sentence for the firearm offense, that is, a term of five years’ imprisonment, to run consecutive to the other sentences, but with the possibility of parole.

Read the opinion here: