CUFFLEY v. STATE

No. 136, September Term, 2008.

7 A.3d 557 (2010)

416 Md. 568

Raymond B. CUFFLEY, Jr. v. STATE of Maryland.

Court of Appeals of Maryland.

October 28, 2010.


Attorney(s) appearing for the Case

Marc A. DeSimone, Jr. , Assistant Public Defender ( Nancy S. Forster , Public Defender, Baltimore), on brief, for petitioner.

Brenda Gruss , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


BARBERA, J.

We consider in this case whether and, if so, under what circumstances, a judge who agrees to be bound to the terms of a plea agreement that calls for a sentence "within the guidelines" may impose a sentence that involves a term of incarceration that exceeds the guidelines but suspends all but the part of the sentence that falls within the guidelines. The answer to that question is of great concern to Petitioner...

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