Opinion
1831-2023
10-04-2024
RODRICK DWAYNE CANNON v. STATE OF MARYLAND
UNREPORTED[*]
Circuit Court for Prince George's County Case No. CT100183X
Beachley, Albright, Woodward, Patrick L. (Senior Judge, Specially Assigned), JJ.
PER CURIAM
Rodrick Dwayne Cannon, appellant, appeals from the denial, by the Circuit Court for Prince George's County, of a motion to correct illegal sentence. Although the motion purports to comprise eleven pages, the MDEC (Maryland Electronic Courts) electronic case management system, which contains "the official record of an . . . action," Rule 20-301(a), reflects only pages three through eleven of the motion. On August 2, 2024, we ordered the circuit court to "correct the record with the apparently omitted pages of the motion," and "confirm whether, in denying the motion . . ., the court considered the complete motion." The court responds that it "has been advised by the Manager of the Criminal Clerk's office that they do not have the original filing and therefore cannot provide pages 1 and 2 of the [m]otion," and that it "does not have a sufficient enough recollection to say whether or not the first two pages were included when the [m]otion was reviewed." Accordingly, we shall vacate the judgment of the circuit court and remand with instructions to order Mr. Cannon to re-submit, by mail, the complete motion. The court is further instructed, upon receipt of the complete motion, to enter the complete motion into MDEC, allow the State, if it so chooses, to respond to the motion, and thereafter address the merits of the motion.
JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY VACATED. CASE REMANDED TO THAT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS TO BE PAID BY PRINCE GEORGE'S COUNTY.
[*]This is a per curiam opinion. Consistent with Rule 1-104, the opinion is not precedent within the rule of stare decisis, nor may it be cited as persuasive authority.