Opinion
No. 0715
10-05-2015
DANIEL TIMOTHY BRASHEAR v. STATE OF MARYLAND
UNREPORTED
Krauser, C.J., Meredith, Thieme, Raymond G., Jr. (Retired, Specially Assigned), JJ. Opinion by Krauser, C.J. *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 1991, a jury sitting in the Circuit Court for Prince George's County found Daniel T. Brashear, appellant, guilty of second-degree murder. The circuit court thereafter sentenced him to a term of thirty years' imprisonment. Brashear appealed and this Court affirmed. Daniel Timothy Brashear v. State, 90 Md. App. 709, cert. denied, 328 Md. 92 (1992). His subsequent requests for post-conviction relief were denied.
In 2011, Brashear filed a pro se petition for a writ of error coram nobis, which the circuit court denied, after concluding that he was not entitled to such relief, because he was currently serving the sentence he was seeking to vacate. Brashear then noted this appeal. Because the circuit court was correct in so ruling, we affirm. Skok v. State, 361 Md. 52, 78-80 (2000) (a coram nobis petitioner cannot be incarcerated, or on parole or probation, with respect to the conviction or sentence he or she is challenging).
This appeal had been stayed pending the Court of Appeals' decision in Kerryann Smith v. State, No. 47, September Term, 2014. The Court of Appeals filed its decision in the Smith case, reported at 443 Md. 572, on July 13, 2015. --------
JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.