Following a jury trial in the Circuit Court for Baltimore County, appellant, James Davis (“Davis”), was convicted of one count of robbery with a dangerous weapon, three counts of use of a handgun in a felony or crime of violence, three counts of first-degree assault, and one count of first-degree burglary. For his offenses, Davis was sentenced to a total of thirty years’ incarceration. Davis appealed his conviction and the computation of his sentences. We affirmed the judgments in an unreported opinion. Davis v. State, No. 2509, Sep. Term 2003 (Md. Ct. Spec. App. Mar. 4, 2005). Thereafter, Davis filed a motion to correct an illegal sentence. The circuit court denied Davis’s motion. This timely appeal followed. On appeal, Davis presents …show more content…
Witnesses testified that during the robbery, Davis was wearing a gray sweatshirt. A gray sweatshirt was subsequently recovered from Davis’s home with Cloud’s blood on it. Evidence adduced at trial further revealed that Davis threatened Cloud, Simms, and Smoot with a handgun. Additionally, Davis possessed a long knife. Upon entering the home, Davis directed Cloud to turn around and pushed Cloud to the ground. Davis proceeded to spray mace in Cloud’s eye while demanding that Cloud surrender his money. Cloud advised Davis that he had over $100 in his …show more content…
State, 224 Md. App. 476, 500 (2015) (internal quotations omitted). The “‘failure to merge a sentence is considered to be an “illegal sentence” within the contemplation of the rule.’” McClurkin v. State, 222 Md. App. 461, 489 n.8 (2015) (quoting Pair v. State, 202 Md. App. 617, 624 (2011)). Moreover, “a defendant may attack the sentence by way of direct appeal, or collaterally and belatedly through the trial court, and then on appeal from that denial.” Bishop v. State, 218 Md. App. 472, 504 (2014) (internal quotations omitted). Whether a sentence is illegal under Rule 4-345(a) is a legal question that we review de novo. Carlini v. State, 215 Md. App. 415, 425-26