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.”