Preston v. State

GARRITY, Judge.

We shall focus upon the procedure for challenging a sentence when the issue as to its legality was not raised on direct appeal.

On December 9, 1981, Curtis Lane Preston, the applicant, was convicted in the Circuit Court for Anne Arundel County (Wolff, J.) of battery. On January 18, 1982, the applicant was sentenced to the Division of Correction for four years. Upon sentence being suspended, he was placed on five years probation and ordered to pay restitution to the victim in the amount of $12,365.53, mostly for reimbursement of the victim’s medical expenses which had been paid…