(a) Application–When Filed. Any application for review of a sentence under the Review of Criminal Sentences Act, Code, Criminal Procedure Article, §§ 8-102 –8-109, shall be filed in the sentencing court within 30 days after the imposition of sentence or at a later time permitted by the Act. The clerk shall promptly notify the defendant’s counsel, if any, the State’s Attorney, and the Circuit Administrative Judge of the filing of the application.
(b) Application–Form. The application shall be signed by the defendant and shall be substantially in the following form:
(Caption of the case)
Application for Review of Sentence
I hereby apply for review of the sentence imposed on me on _______. I understand that a review of my sentence may result in the imposition of any sentence allowable by law for the offense, including an increased sentence (unless the maximum has already been imposed), a decreased sentence (including a decrease in a mandatory minimum sentence), a different sentence, or no change in sentence. I understand that I may withdraw this application at any time before receiving notice of a hearing and thereafter only with permission of the Review Panel. I also understand that I may not withdraw my application after the Review Panel renders a decision.
My sentence should be changed for the following reasons: (the reasons for the change shall be stated)
Signature of Defendant
Date: ………………..
(c) Application–Withdrawal. The defendant may withdraw the application for review at any time before the receipt of notice of a hearing, and thereafter only with permission of the Review Panel. The application may not be withdrawn after the Review Panel has rendered its decision. A withdrawal shall be signed by the defendant and filed with the clerk. The filing of a withdrawal is final and terminates all rights of the defendant to have the sentence reviewed under the Review of Criminal Sentences Act.
(d) Review Panel–Appointment of. Upon notification by the clerk of the filing of an application, the Circuit Administrative Judge shall promptly appoint a Review Panel of three judges, not including the sentencing judge, and shall designate one as Chair, to review the sentence. The sentencing judge may sit with the Review Panel in an advisory capacity if requested by a majority of the Review Panel. A Review Panel may be appointed to serve for a fixed term or may be appointed to review only cases specifically assigned to it by the Circuit Administrative Judge.
(e) Review Panel–Procedure Before. Unless a hearing is required by the Review of Criminal Sentences Act, the Review Panel may render its decision without a hearing if it affords the parties an opportunity to present relevant information in writing. If a hearing is to be held, the Review Panel shall serve the defendant, defendant’s counsel, and the State’s Attorney with reasonable notice of the time and place of the hearing. At the hearing the Review Panel may take testimony and receive other information.
(f) Review Panel–Decision. Whether or not an appeal has been taken, the Review Panel shall file a written decision with the clerk within 30 days after the application is filed. If the sentence is to be increased, the defendant shall be brought before the panel and resentenced pursuant to Rule 4-342. If the sentence is reduced or not changed, the defendant need not be brought before the Review Panel. In either case, the Review Panel shall state the reasons for its decision and shall furnish a copy of the decision to the defendant, defendant’s counsel, and the State’s Attorney.
Cross reference: Concerning victim notification and other requirements when a sentence is changed by the review panel, see Code, Criminal Procedure Article, §§ 8-103 –8-108.
(g) Effect on Time for Appeal. An application filed under this Rule does not extend the time for taking an appeal.
(h) Effect of Vacation or Modification of Sentence by Another Court. If the sentence under review is vacated or modified by a court of competent jurisdiction before the Review Panel renders its decision, the Review Panel shall dismiss the original application and give the defendant a reasonable opportunity, but not less than ten days, to file a new application for review of the sentence as modified if it is subject to review under the Review of Criminal Sentences Act.
This Rule is derived from former Rule 773.
Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 20, 1999, eff. July 1, 1999; Oct. 5, 1999; Dec. 16, 1999, eff. Jan. 1, 2000; Jan. 8, 2002, eff. Feb. 1, 2002.
HISTORICAL NOTES
1999 Orders
The October 5, 1999, order inserted “(including a decrease in a mandatory minimum sentence)” in the form contained in section (b).
The December 16, 1999, order, in section (d), substituted “Chair” for “chairman”.
2002 Orders
The January 8, 2002, order, in section (a), in the first sentence, substituted “Criminal Procedure Article, §§ 8-102 –8-109″ for “Article 27, §§ 645J A–645JG”; and amended the cross reference following section (f).
