State v. Stephanie Smith

STATE OF MARYLAND v. STEPHANIE L. SMITH
Court of Special Appeals, Moylan, Sept. 29, 2016,
Plea Bargain – Motion to Correct Illegal Sentence – Illegal sentence where judge bound themselves to a plea agreement and then breached by giving the defendant a PBJ.

Affirmed by CoA

a sentence is inherently illegal if it
1) exceeds the maximum set by the plea agreement
OR
2) falls below the minimum set by the plea agreement

Quoting Cardozo:
“[J]ustice, though due to the accused, is due to the accuser also. The concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true.”

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