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416 Md. 604

7 A.3d 578

Baines v. State

Court of Appeals of Maryland

Decided October 28, 2010

Court of Appeals of Maryland · decided 2010-10-28

Cited by 32 later decisions — most recently August 2022 · most notably State v. Daughtry (2011), Cuffley v. State (2010)

32 state decisions

Relies on Cuffley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2010-10-28

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MURPHY, J.,

¶1dissenting.

¶2For the reasons stated in the dissenting opinion that I filed in Cuffley v. State, 416 Md. 568, 7 A.3d 557 (2010), I dissent from the holding that “Petitioner is entitled to the relief of specific performance of the agreement.” A defendant is entitled to specific performance only when there has been a “meeting of the minds” between the defendant and the trial court. If there is a misunderstanding between the defendant and the trial court with respect to the maximum sentence that can be imposed, the defendant’s guilty plea does not conform to the requirements of Md. Rule 4-242(c), and the defendant is therefore entitled to the relief provided for in Md. Rule 4r-243(c)(4). The defendant, however, is not entitled to receive a sentence that the sentencing judge never agreed to impose.

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