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STATE EX REL. SONNER v. SHEARIN

[Misc. No. 3, September Term, 1974.] [No. 86, September Term, 1974.]

272 Md. 502 (1974)

325 A.2d 573

STATE OF MARYLAND EX REL. ANDREW L. SONNER, STATE'S ATTORNEY FOR MONTGOMERY COUNTY, MARYLAND v. PLUMMER M. SHEARIN, JUDGE STATE OF MARYLAND v. SCHOOLS

Court of Appeals of Maryland.

Decided October 1, 1974.

Attorney(s) appearing for the Case

Henry R. Lord, Deputy Attorney General and Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and George A. Eichhorn, III, Assistant Attorney General, on the brief, for petitioner in Misc. No. 3 and appellant in No. 86.

Charles Norman Shaffer, with whom were Robert James Tubbs and Shaffer, McKeever & Fitzpatrick on the brief, for respondent in Misc. No. 3. Theodore A. Miller for appellee in No. 86.

The causes were argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, ELDRIDGE and O'DONNELL, JJ., and CHARLES E. ORTH, JR., Chief Judge of the Court of Special Appeals, specially assigned.

SMITH, J., delivered the opinion of the Court.

We shall here hold that a trial judge (Shearin, J.) imposed an improper condition on an otherwise legal sentence when he suspended a portion of a five-year prison sentence for the use of a handgun in the commission of a felony. This suspension rendered the sentence illegal, since Maryland Code (1957, 1971 Repl. Vol., 1973 Cum. Supp.) Art. 27, § 36B (d) makes mandatory in such case the imposition of "no less than...

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