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JAMES PEARSON v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Concurrent, not consecutive

In 2012, James Pearson, appellant, pled guilty to second-degree burglary in the Circuit Court for Baltimore County and was sentenced to five years’ imprisonment, to run consecutive to any outstanding sentence.

Five years later, he filed a motion to correct an illegal sentence in which he asserted that his sentence was ambiguous because, after the court imposed the term of imprisonment and ordered that it was to run consecutive to any outstanding sentence, it stated that the “sentence begins today.” He argued, therefore, that his sentence should be run concurrent with, not consecutive to, the sentence he was serving when sentenced in this case. The circuit court denied the motion.

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