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BAINES v. STATE

No. 135, September Term, 2008.

7 A.3d 578 (2010)

416 Md. 604

Paul Antoine BAINES v. STATE of Maryland.

Court of Appeals of Maryland.

October 28, 2010.

Attorney(s) appearing for the Case

Brian L. Zavin, Assistant Public Defender (Nancy S. Forster, Public Defender, Baltimore), on brief, for petitioner.

Brenda Gruss, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, BARBERA, and JOHN C. ELDRIDGE, (Retired, specially assigned), JJ.

BARBERA, J.

This appeal concerns whether a judge who agrees to be bound to the terms of a plea agreement that calls for a sentence "within the guidelines" may impose a "split sentence" that exceeds the guidelines and suspends all but the part of the sentence that falls within the guidelines. The State and Petitioner Paul Antoine Baines negotiated a plea bargain that called for him to plead guilty to two counts of armed robbery and be sentenced "within the guidelines...

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