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ADAM BURK SCOTT v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Fleeing and eluding police

In 2008, following a jury trial in the Circuit Court for Harford County, Adam Burk Scott, appellant, was convicted of illegal possession of a regulated firearm, fleeing and eluding police, theft of property having a value over $500, and other offenses. The court sentenced Scott to a mandatory five-year term of incarceration without the possibility of parole for the firearm conviction, to a consecutive fifteen years’ imprisonment for theft, to a consecutive one-year term for fleeing and eluding police, and to various other consecutive terms of imprisonment for a total aggregate term of sixty-one years’ imprisonment, with all but thirty-six years suspended. In 2015, Scott filed a motion to correct an illegal sentence in which he claimed that his sentence for fleeing and eluding police was illegal because, in essence, he was convicted of fleeing and eluding the police on foot, but he was indicted with fleeing and eluding the police by willfully failing to stop his vehicle. He also claimed, for various reasons, that his sentence for possession of a regulated firearm was illegal. The circuit court denied the motion, prompting this appeal.

Read the opinion here: