Reyes v. State Opinion Date: November 25, 2025

Areas of Law: Constitutional Law, Criminal Law, Sentencing, Second Degree Assault

A jury found the defendant guilty of second-degree assault. At the sentencing hearing, the trial judge initially announced a sentence of one year, suspending all but nine months to be served on home detention, followed by three years of supervised probation. Before the hearing was concluded and while the judge was advising the defendant of his post-trial rights, the prosecutor questioned whether the sentence properly reflected the intended punishment and raised concerns about the remaining back up jail time if probation was violated. After a brief discussion and clarification, the judge revised the sentence, increasing it from one year to five years, suspending all but nine months on home detention, and three years of supervised probation.

The defendant appealed to the Appellate Court of Maryland, arguing that the trial judge had illegally increased the sentence after it had been imposed, in violation of Maryland Rule 4-345, which restricts modifications to sentences once they are imposed. The Appellate Court rejected this argument, holding that the sentence was not illegally increased because the revision occurred before the sentencing proceeding finished.

The case was then appealed to the Supreme Court of Maryland which affirmed the decision of the Appellate Court. The Supreme Court held that under Maryland law, a sentence is not considered “imposed” under Rule 4-345 until the sentencing proceeding ends. Therefore, a trial court retains authority to modify or increase a sentence during an ongoing sentencing hearing. Since the change to the defendant’s sentence happened before the sentencing proceeding was finished and while the defendant was still present, the case was not over and double jeopardy did not yet attach.

It is important to have an experienced criminal defense attorney who understands all aspects of criminal proceedings, including sentencing.  Contact Gritz, Hanifin & Shih, LLC to discuss your criminal case.

https://law.justia.com/cases/maryland/court-of-appeals/2025/17-25-0.html