Please ensure Javascript is enabled for purposes of website accessibility

LUNDES A. CARTWRIGHT v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Concurrent sentences

On August 2, 2000, a jury in the Circuit Court for Baltimore County convicted Lundes Anthony Cartwright, appellant, of second-degree murder, first-degree assault, and the use of a handgun in a crime of violence. The circuit court subsequently imposed the following sentences:

The sentence of the Court in regard to the murder in the first degree – in the second degree, thirty years to the Commissioner of Correction. In regard to the first-degree assault . . . twenty years to the Commissioner of Correction, consecutive with the sentence imposed in the first count. In regard to the use of a handgun in the commission of a crime of violence, twenty years to the Commissioner of Correction, concurrent with the sentence imposed in the first and second charges, the second-degree murder and the first-degree assault. Total sentence is to serve fifty years.

We affirmed the judgments in an unreported opinion. See Cartwright v. State, No. 1508, Sept. Term 2000 (filed Aug. 16, 2001). Relative to this appeal, on December 8, 2016, appellant filed a “Motion for Nunc Pro Tunc Judgment.” He argued that his commitment record was ambiguous and did not accurately reflect the sentence imposed by the court. He maintained that he was actually serving all three sentences concurrently because that would be the only way he could serve the handgun sentence concurrently with both sentences. The circuit court denied his motion.

Read the opinion here