[DOWNLOAD] "State Maryland Ex Rel. andrew L. Sonner v. Plummer M. Shearin" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free

eBook details

Title: State Maryland Ex Rel. andrew L. Sonner v. Plummer M. Shearin
Author : Supreme Court of Minnesota
Release Date : January 01, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 87 KB

Description

We shall here hold that a trial judge (Shearin, J.) imposed an improper condition on an otherwise legal sentence when he suspended a portion of a five-year prison sentence for the use of a handgun in the commission of a felony. This suspension rendered the sentence illegal, since Maryland Code (1957, 1971 Repl. Vol., 1973 Cum. Supp.) Art. 27, ? 36B (d) makes mandatory in such case the imposition of "no less than the minimum sentence of five years." Subsection (e) provides that "[n]otwithstanding any other provision of the law to the contrary, including the provisions of ? 643 of [Art. 27, with exceptions not here pertinent,] no court shall enter a judgment for less than the mandatory minimum sentence prescribed in [that] subheading in those cases for which a mandatory minimum sentence is specified . . . [and] no court shall suspend a mandatory minimum sentence prescribed in [that] subheading . . . ."