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Lindsey v. State

Court of Special Appeals of Maryland

August 27, 2014

ANDREW LINDSEY
v.
STATE OF MARYLAND, ET AL

Page 341

[Copyrighted Material Omitted]

Page 342

Appeal from the Circuit Court for Prince George's County. Graydon S. McKee, III, Judge.

Argued by: Victor D. Stone (Russell P. Butler, Maryland Crimes Victims' Resource Center, Inc. on the brief) all of Upper Marlboro, MD for Appellant.

Argued by: Rachel Simmonsen (Paul B. DeWolfe, Public Defender on the brief) H. Scott Curtis (Douglas F. Gansler, Attorney General on the brief) all of Baltimore, MD for Appellee.

Deborah S. Eyler, Graeff, Hotten, JJ.

OPINION

Page 343

[218 Md.App. 517] Eyler, Deborah S., J.

Andrew Lindsey, the appellant, was shot and seriously injured in the course of an attempted robbery perpetrated by Shyquille Griffin and Antonio Whitely. Both men were charged with attempted first-degree murder and related offenses in the Circuit Court for Prince George's County. Griffin entered into a written plea agreement, which was conditioned upon his cooperating with the State in the case against Whitely. The plea agreement made no reference to restitution. The circuit court accepted Griffin's plea.

At Griffin's sentencing hearing, Lindsey for the first time made a request for restitution. The court denied it on the ground that ordering Griffin to pay restitution would violate the terms of the plea agreement. The court proceeded to sentence Griffin. Thirty days thereafter, Lindsey filed a motion under Md. Code (2001, 2008 Repl. Vol., 2011 Supp.), section 11-103(e)(2) of the Criminal Procedure Article (" Cr. P." ),[1] alleging that his right to restitution under section 11-603 had been improperly denied and asking the court to enter a judgment of restitution.[2] After a hearing, the court denied the motion on the same ground it had denied restitution at the sentencing hearing and on the additional ground that ordering Griffin to pay restitution would be an impermissible increase in his sentence.

Lindsey filed an application for leave to appeal, which was granted. Griffin and the State of Maryland both are appellees. Griffin has moved to dismiss the appeal for lack of jurisdiction.

[218 Md.App. 518] For the reasons to follow, we shall deny the motion to dismiss and shall hold that the circuit court abused its discretion in ...


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