State v. Hannah

RODOWSKY, Judge.

Here we shall hold that the statute giving the State the right to appeal from a “final judgment” in a criminal case for failure of the trial judge to impose a mandated sentence applies where the trial judge granted probation before judgment in disregard of the minimum five years imprisonment mandated by the handgun statute.

Appellee, Marvin Lee Hannah (Hannah), pled guilty in the Circuit Court for Baltimore County to common law robbery and to use of a handgun in the commission of a felony in violation of Md. Code (1957, 1982 Repl. Yol., 1985 Cum. Supp.), Art. 27, § 36B. The…