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TIMOTHY JOHN STEWART v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Need for a hearing

In June 2011, a jury in the Circuit Court for Anne Arundel County convicted Timothy Stewart, appellant, of two counts of second-degree rape, three counts of second degree sexual offense, four counts of third-degree sexual offense, sexual abuse of a minor, and unnatural and perverted sexual practice. The court sentenced him to a total of 165 years of imprisonment, with all but 50 years suspended, to be followed by a five-year period of supervised probation. This Court affirmed his convictions and sentence in an unreported opinion. See Stewart v. State, No. 1851, Sept. Term 2011 (filed Aug. 21, 2014).

On December 19, 2016, appellant filed a motion to correct an illegal sentence pursuant to Rule 4-345(a). Appellant argued that his sentence was illegal because the court was required by Maryland Code (2001, 2008 Repl. Vol.), Criminal Procedure Article (“C.P.”), § 11-723 to impose a period of extended sexual offender parole supervision, which it did not do. On January 25, 2017, the court denied appellant’s motion without a hearing, concluding that the requirements of appellant’s supervised probation were proper and satisfied C.P. § 11-723. Appellant then timely noted this appeal.

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