Section 12-702 - Sentences following appeals. - Maryland Statutes

§ 12-702. Sentences following appeals.
 

(a)  Remand for sentence; mandatory credit for time served.- If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, the lower court shall deduct from the term of the new sentence the time served by the defendant under the previous sentence from the date of his conviction. If the previous sentence was a statutory maximum sentence, the lower court also shall give credit for any period of incarceration prior to the previous sentence, if the incarceration was related to the offense for which the sentence was imposed. 

(b)  Remand for sentence or new trial; limitations on increases in sentences.- If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, or conduct a new trial, and if there is a conviction following this new trial, the lower court may impose any sentence authorized by law to be imposed as punishment for the offense. However, it may not impose a sentence more severe than the sentence previously imposed for the offense unless: 

(1) The reasons for the increased sentence affirmatively appear; 

(2) The reasons are based upon additional objective information concerning identifiable conduct on the part of the defendant; and 

(3) The factual data upon which the increased sentence is based appears as part of the record. 

(c)  More severe sentence imposed following de novo appeal.- If a defendant who appeals from a conviction in the District Court is convicted after a trial de novo on appeal, the appellate court may impose a more severe sentence than that imposed in the District Court, but if the case is one in which the defendant was denied a jury trial under § 4-302(e)(2) of this article, the sentence may not be for more than 90 days except under the conditions prescribed in subsection (b) of this section. Except as provided above, the appellate court may impose any sentence authorized by law to be imposed as punishment for the offense. 
 

[An. Code 1957, art. 5, §§ 17, 43; 1973, 1st Sp. Sess., ch. 2, § 1; 1983, ch. 294; 1984, ch. 255; 1987, ch. 11, § 1; 1988, ch. 722.]