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EDWARD JASON TINSLEY v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Plea agreement

In 2005, Edward Tinsley (“Appellant”) pleaded guilty in the Circuit Court for Prince George’s County, pursuant to a plea bargain involving four separate cases, to one count of theft and three counts of robbery with a deadly weapon. The State informed the court that Tinsley’s plea agreement included a “cap of 50 years.” When assessing whether Tinsley was entering the plea knowingly and willingly, the sentencing judge clarified that the 50- year cap applied to “time served, actual time served.” Tinsley’s counsel agreed that the cap applied to “executed time” and Tinsley affirmed that he understood the import of that term. The court then sentenced Tinsley to 75 years’ imprisonment with all but 50 years suspended. Tinsley later moved to correct his sentence as illegal for exceeding the terms of his plea agreement, which he argued capped his total sentence at 50 years rather than simply capping his executed time. Following a hearing, the court denied Tinsley’s motion. In this appeal, Tinsley presents a single question for our review: Did the circuit court err in denying Tinsley’s motion to correct an illegal sentence? We …

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