Clark v. State, 090419 MDSCA, 1107-2018

Docket Nº:1107-2018
Opinion Judge:PER CURIAM
Party Name:ERIC LEWIS CLARK v. STATE OF MARYLAND
Judge Panel:Arthur, Gould, Zarnoch, Robert A. (Senior Judge, Specially Assigned), JJ.
Case Date:September 04, 2019
Court:Court of Special Appeals of Maryland
 
FREE EXCERPT

ERIC LEWIS CLARK

v.

STATE OF MARYLAND

No. 1107-2018

Court of Special Appeals of Maryland

September 4, 2019

Circuit Court for Queen Anne's County Case No. 17-K-08-006830

Arthur, Gould, Zarnoch, Robert A. (Senior Judge, Specially Assigned), JJ.

OPINION [*]

PER CURIAM

Eric Lewis Clark appeals from an order of the Circuit Court for Queen Anne's County denying his motion to correct an illegal sentence. We shall affirm.

BACKGROUND

At a plea hearing on April 30, 2008, Mr. Clark entered a plea of guilty to the charge of possession with intent to distribute cocaine. At the outset of the hearing, the prosecutor set forth the terms of the parties' plea agreement: The agreement is [Mr. Clark is] going to plead guilty to Count 1, which is possession of cocaine with the intent to distribute. The State will be filing subsequent offender, pursuant to Criminal Law 5-905 which is a doubling penalty, so [he] would be eligible for 40 years and, I guess, a $50, 000 fine. The State, in exchange, will be entering a nol pros to remaining counts, recommend a sentence within the guidelines, which we believe to be eight to 16 years and the defendant has agreed to forfeit the money found in the residence.

Defense counsel agreed, on the record, that the prosecutor had accurately stated the terms of the plea agreement.

The court restated the terms of the agreement as described by the prosecutor and asked Mr. Clark if that was his understanding of the plea agreement, and Mr. Clark responded affirmatively. The court then engaged Mr. Clark in a colloquy to ensure that his plea was knowing and voluntary, during which the court asked Mr. Clark if he understood that (1) neither the sentencing guidelines nor any "recommendations made by the state's attorney . . . with regard to any particular sentence or disposition" were binding on the court; (2) the court could impose the maximum penalties of 40 years in prison, $50, 000 in fines or both; and (3) if any part of the sentence imposed by the court were to be suspended in favor of probation, and it was later proven that he violated a condition of that probation, probation could be...

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