Opinion
No. 528
04-30-2021
ARTEZ McCALLUM v. STATE OF MARYLAND
Circuit Court for Baltimore City
Case No: 108035023
UNREPORTED
Graeff, Ripken, Raker, Irma S. (Senior Judge, Specially Assigned), JJ. PER CURIAM *This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.
In 2009, Artez McCallum, appellant, appeared in the Circuit Court for Baltimore City and pleaded guilty to attempted first-degree murder and use of a handgun in the commission of a crime of violence and was sentenced to a total term of 18 years' imprisonment. On June 30, 2020, Mr. McCallum, representing himself, filed a "Petition For A Sentence Reduction" in which he asked the court to reduce his sentence. In support thereof, he cited two decisions by the United States Supreme Court for the proposition, in his words, that "prisoners" who had been given "harsher sentences for committing what were considered 'violent felonies' under federal law could apply retroactively for sentence reduction." The court summarily denied his motion.
On appeal, Mr. McCallum seems to argue that his guilty plea was not entered knowingly and voluntarily. That, however, was not the issue he raised in his motion before the circuit court. Moreover, the circuit court's denial of his motion for modification of sentence is not an appealable judgment. Hoile v. State, 404 Md. 591, 615-16 (2008).
APPEAL DISMISSED. COSTS TO BE PAID BY APPELLANT.