Regulation .17 Sentences Deemed to Be Within Guidelines.
Regulation .17 Sentences Deemed to Be Within Guidelines.LinkCopy Citation
Notwithstanding the actual guidelines range, the Commission on Criminal Sentencing Policy shall deem a sentence within the guidelines range if a judge:
A.
Approved an MSCCSP binding plea agreement and sentence agreed to by both the defendant and by the State;
B.
Sentenced a defendant to a period of pre-sentence incarceration time with no additional post-sentence incarceration time and the length of credited pre-sentence incarceration exceeds the upper guidelines range for the case; or
C.
Imposed a sentence of corrections options if the defendant’s:
(1)
Initial sentence plus any suspended sentence falls within or above the overall guidelines range; and
(2)
Current sentence or sentences and any pending charges do not include a violation of:
(a)
A crime of violence under Criminal Law Article, §14-101, Annotated Code of Maryland;
(b)
Sexual child abuse under Criminal Law Article, §3-602, Annotated Code of Maryland;
(c)
Escape; or
(d)
A law of the United States or of any other state or the District of Columbia similar to §C(2)(a)—(c) of this regulation.