State v. Fincham

WILNER, Judge.

Md. Code Ann. art. 27, § 641(a)(1) permits a court, if satisfied that the best interests of the person and the welfare of the people of the State would be served thereby, to stay the entry of judgment in a criminal case and place the defendant on probation. Subsection (a)(2) of § 641 very clearly provides, however, that:

“Notwithstanding paragraph (1) of this subsection, a court may not stay the entering of judgment and place a person on probation for a second or subsequent violation of § 21-902(a) or (b) of the Transportation Article if the second or subsequent violation…