JUSTIN SHARP v. STATE OF MARYLAND
Court of Appeals, Watts, Filed March 25, 2016,
Sentencing – Impermissible Consideration – It is not indicia of improper consideration where a sentencing court after trial explains to a defendant why it is not imposing the pre-trial plea offer so long as the defendant’s decision not to plead guilty was not a motivating factor in the imposed sentence.

More notable here is the Court’s commentary that “we advise trial courts to … refrain from directly making plea offers to defendants in criminal cases.” “The trial court’s role is to approve or reject a plea agreement that the parties submit to it, not to come up with its own plea offer— i.e., a ‘court’s offer.'”

(Concur – Battaglia – Joining in judgment only)
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