Lander v. Warden of Maryland House of Correction

Hammond, J., delivered the opinion of the Court. The applicant plead guilty to false pretenses on November 25, 1959, and was sentenced by Judge Rollins to three years in the Maryland House of Correction. The sentence was suspended on conditions of good behavior and restitution of the money obtained at a rate of $10.00 per week, and probation for five years was imposed. Because restitution was not made as ordered, the probation was stricken out on February 9, 1960.

Judge Rollins, under the mistaken impression that the sentence he had imposed originally was eighteen months (rather than the three years it admittedly was), said the sentence reinstated was for eighteen months. The commitment showed the sentence to be for three years. The applicant made the following contentions below before Judge DeWeese Carter: 1. That although the commitment shows a three-year sentence, that actually imposed was but eighteen months. 2.

A sentence of three years exceeds the maximum set by law. ⁶⁶⁸ 3. He was denied a hearing before a magistrate. 4. He was tried under two indictments—Number 367, having to do with a crime involving a weapon, on which sentence was suspended generally, and Number 368 for the false pretenses, for which he was sentenced and resentenced. The commitment erroneously showed him to have been sentenced under Number 367. 5.

The trial judge was prejudiced. At the