SMALLWOOD v. STATE

No. 2169, Sept. Term, 2016.

186 A.3d 141 (2018)

237 Md.App. 389

Robert P. SMALLWOOD v. STATE of Maryland.

Court of Special Appeals of Maryland.

June 4, 2018.


Attorney(s) appearing for the Case

Argued by: Thomas M. Donnelly & Kristin C. Tracy ( Paul B. DeWolfe , Public Defender on the brief) all of Baltimore, MD, for Appellant.

Argued by: Daniel J. Jawor ( Brian E. Frosh , Attorney General on the brief) all of Baltimore, MD, for Appellee.

Panel: Wright, Beachley, Fader, JJ.


The appellant, Robert P. Smallwood, presents us with the question of whether an incarcerated individual whom a circuit court has determined is imprisoned on an illegal sentence, and thus must be resentenced, has a right to counsel for the resentencing. We hold that he or she does.

BACKGROUND

In 1982, a jury sitting in...

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