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Criminal procedure — Illegal sentence — Timeliness of notice of appeal

Appellate courts can decide only the questions properly before them. In 2005, a jury in the Circuit Court for Prince George’s County found Victor Antonio Glascoe guilty of robbery with a dangerous weapon and related offenses. He filed a Petition for PostConviction Relief in 2014, which was denied. Then he filed an application for leave to appeal the denial of his post-conviction claims that we denied on September 9, 2016. In parallel, Mr. Glascoe filed a Motion to Correct Illegal Sentence that sought to raise essentially the same issues. The circuit court denied the motion on March 24, 2016, and Mr. Glascoe filed a notice of appeal on April 26, 2016; that notice gives rise to this appeal.

Mr. Glascoe contends that the circuit court erred in denying his Petition for PostConviction relief. The State counters that his claims are not before us, that the appeal should be dismissed because Mr. Glascoe’s notice of appeal of the denial of the Motion to Correct Illegal Sentence is untimely, and that the appeal from the denial of Post-Conviction relief has already been resolved.

Read the opinion here: