Matthews v. State

McAULIFFE, Judge.

We here decide that a trial judge lacked authority to commence a period of probation while the Appellant was serving a jail sentence for the same offense, but that Appellant’s probation was properly revoked upon proof of criminal activity occurring between the grant of probation and its formal commencement.

On January 29, 1982 Judge Martin Wolff sentenced Robert William Matthews to five years imprisonment, suspended the execution of all except nine months, and directed that the nine months be served at the Anne Arundel County Detention Center in a live-in work-out status.…