Please ensure Javascript is enabled for purposes of website accessibility


Criminal procedure — Illegal sentence — Life

A jury sitting in the Circuit Court for Wicomico County convicted Jonathan David Price, the appellant, of sexual abuse of a minor, four counts of second-degree rape, two counts of third-degree sex offense, and four counts of fourth-degree sex offense.

Mr. Price argues that the life sentence he received for second-degree rape is illegal because (1) the indictment was insufficient to support an enhanced sentence on second-degree rape, and (2) the jury did not make the requisite findings to support imposition of that enhanced sentence. He further contends that the trial court erred in permitting the State to amend the indictment at trial; denying his motion for a mistrial; permitting the State to cross-examine him regarding his opinion about the victim’s credibility; and convicting him on all counts based on legally insufficient evidence.

Read the opinion