Smallwood v. State

Robert P. Smallwood v. State of Maryland, No. 2169, September Term, 2016. Opinion by Fader, J. MD. RULE 4-345(A) – MOTION TO CORRECT AN ILLEGAL SENTENCE; RIGHT TO COUNSEL The imposition of a new sentence after a court grants a motion to correct an illegal sentence under Rule 4-345(a) is a sentencing at which a convicted person has the right to counsel. The right to counsel attaches because sentencing is a critical stage of a criminal proceeding and because the defendant has a due process right to counsel at a proceeding that may affect the fact and length of future incarceration. Circuit…