State of Maryland v. Denis C. Thomason

Hagerstown, Maryland, criminal defense lawyer represented the Defendant charged with violating a protective order.

Legal issue What jurisdiction does a circuit court exercise when ruling on a motion to correct an illegal sentence after initially exercising appellate jurisdiction?

APPELLATE PROCEDURE. JURISDICTION. The case addresses the jurisdiction of the circuit court when ruling on a motion to correct an illegal sentence, determining that such ruling was not made in the exercise of appellate jurisdiction, thus properly lying in the Appellate Court of Maryland.

CRIMINAL LAW. SENTENCING CONDITIONS. The legal issue involves the challenge to a special condition of probation prohibiting the appellant from having romantic relationships with the opposite sex, which was argued to be an illegal sentencing condition.

Key Phrases Violating a protective order. Illegal sentence. Appellate jurisdiction. Joint motion. Writ of certiorari.

Guilty and sentenced to guilty of three counts of violating a protective order and acquitted him of the remaining counts. The defendant was sentenced of 270 days of incarceration all of which was suspended in favor of three years of probation.