Argued: September 7, 2016
Court for Baltimore City Case Nos. 18906104, 18906105,
Barbera, C.J., Greene, Adkins, McDonald, Watts, Getty, JJ.,
Harrell, Glenn T., Jr., (Senior Judge, Specially Assigned)
examine in this case whether an alleged procedural error in
the finalization of a verdict is a cognizable claim under
Maryland Rule 4-345(a), which permits the courts of this
State to correct an illegal sentence at any time. The scope
of this rule, allowing collateral and belated attacks on the
sentence and excluding waiver as a bar to relief, is narrow.
We hold that the procedural error alleged in the present case
does not come within the narrow meaning of Rule 4-345(a) and
therefore is not a cognizable claim under that rule.
trial, verdict, sentence, and direct appeal.
Colvin was tried in 1989 before a jury in the Circuit Court
for Baltimore City on numerous charges in connection with the
murder of Charles Reese and the attempted murder of Jeanette
Coleman. We have no need to summarize all of what occurred at
trial. Relevant to this appeal is what took place in the
courtroom after the jury completed its deliberations. At that
time, the following occurred:
THE CLERK: Members of the Jury, have you agreed upon a
THE JURY: Yes, we have.
THE CLERK: Who shall speak for you? Madam Forelady, please
THE COURT: I think that the Forewoman has asked that Juror
Number 3 speak for the Jury. Any objection Counsel?
[DEFENSE]: No, Your Honor.
[STATE]: No, Your Honor.
THE COURT: All right.
THE CLERK: Juror Number 3, please stand.
THE COURT: You selected your own foreperson I see.
THE CLERK: How say you as to Charles Reese under first degree
murder, not ...