PRESTON v. STATE

Post Conviction No. 153, September Term, 1983.

57 Md. App. 403 (1984)

470 A.2d 395

CURTIS LANE PRESTON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Certiorari Denied June 7, 1984.


Attorney(s) appearing for the Case

Scott Whitney, Asst. Public Defender, for applicant.

Stephen H. Sachs, Atty. Gen., with whom was Warren B. Duckett, Jr., State's Atty., for Anne Arundel County, for appellee.

Submitted before GARRITY, ADKINS and BLOOM, JJ.


GARRITY, Judge.

We shall focus upon the procedure for challenging a sentence when the issue as to its legality was not raised on direct appeal.

On December 9, 1981, Curtis Lane Preston, the applicant, was convicted in the Circuit Court for Anne Arundel County (Wolff, J.) of battery. On January 18, 1982, the applicant was sentenced to the Division of Correction for four years. Upon sentence being suspended, he was placed on five years probation and ordered...

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