PHILIP DANIEL THOMAS v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Raker, November 28, 2018,
Resentencing – If parole eligibility is set by statute, a new sentence that increases the time before a defendant is eligible for parole is an increased sentence that must be justified

Facts:
Thomas was convicted in 2016 of kidnapping, second-degree assault, false imprisonment, driving under the influence, and driving while impaired. He received a total sentence of eighteen years of incarceration as follows: a term of incarceration of fifteen years for kidnapping, three years to be served consecutive to second-degree assault, and one year concurrent for driving under the influence.
In an unreported opinion, the Court of Special Appeals held that assault should have merged into the kidnapping sentence.