Legal Opinion

(1996)

Maryland Attorney General Reports

Decided September 13, 1996Published

1Opinion of the Court

Dear Mr. Barnes:

You have requested our opinion whether a defendant can be sentenced to a local detention facility for consecutive sentences under the following circumstances: no single sentence exceeds eighteen months, but the total time to be served exceeds eighteen months.

In our opinion, the law does not permit a judge to commit a defendant to a local detention facility for more than eighteen months, even if that period of confinement derives from consecutive sentences, rather than a single sentence.

I

Applicable Statutory Provision

Article 27, § 705(g) of the Maryland Code provides as follows:

2Cases cited4 opinions

  1. State v. MorrisSupreme Court of Iowa · 1987
  2. Minovich v. StateCourt of Special Appeals of Maryland · 1973
  3. Fleming v. StateDistrict Court of Appeal of Florida · 1994
  4. State v. MusgraveNew Mexico Court of Appeals · 1984

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