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ALTEE D. RICE v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Inconsistency with plea agreement

After a one-day jury trial in the Circuit Court for Prince George’s County, Altee Rice was convicted of illegal possession of a regulated firearm, reckless endangerment, possession of cocaine, and related offenses. Before trial, Mr. Rice filed a Motion for Discovery Sanctions, which the court heard and denied, and during trial, Mr. Rice requested a mistrial after an officer testified that he had “refused to talk” after being arrested, which the court also denied. After trial, Mr. Rice pled guilty to Count 8, possession with intent to distribute phencyclidine (“PCP”), one of three counts that had been severed from the trial counts pursuant to a plea agreement, and he was sentenced for that count as well as the trial counts at a later sentencing hearing.

On appeal, Mr. Rice contends that the trial court erred in denying his request for a mistrial, in failing to find a discovery violation, in relieving the State from the promises made to him which induced his guilty plea, and in imposing a sentence on Count 8 that was inconsistent with his plea agreement.

Read the opinion here: