JOHN SCHLICK v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Raker, September 20, 2018,
Sentencing – A motion to modify sentence filed later than 90 days but earlier than 5 years from the date of sentencing may still be considered by the circuit court even if the modification hearing is not scheduled until later

Facts from the Case
In 2005, John Schlick was convicted of Possession of CDS with Intent to Distribute in Baltimore City and sentenced to 16 years with all but 18 months suspended. After a violation of probation in 2008, he was sentenced to 14 years and six months.
In 2012, Schlick filed a request to Modify Sentence. This motion normally must be filed within 90 days, but the sentencing court has discretion to modify the sentence if the request is made after 90 days but before 5 years.
By 2013, 5 years after sentencing, the sentencing court still had not ruled on Schlick’s modification request. In 2017, the sentencing court dismissed Schlick’s request because it did not have power to change a sentence handed down more than 5 years earlier.
Schlick appealed, arguing that his request was filed within 5 years and thus was timely.

Law from the Case
Held: The Court of Special Appeals held that as long as the request was made within 5 years, the court maintained authority to modify the sentence.