1244/25•Thomason, Dennis C. v. State
Gesamter Gesetzestext
*This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis, nor may it be cited as persuasive authority. Circuit Court for Washington County Case No.: C-21-CR-24-000283 UNREPORTED* IN THE APPELLATE COURT OF MARYLAND No. 1244 September Term, 2025 ______________________________________ DENNIS C. THOMASON v. STATE OF MARYLAND ______________________________________ Graeff, Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 16, 2026
‒Unreported Opinion‒ A jury in the Circuit Court for Washington County convicted appellant Dennis C. Thomason of three counts of violating a protective order. The court then imposed three consecutive 90-day sentences, all suspended, with three years of probation. As a condition of his probation, the court prohibited Thomason from having any “romantic relationship/relations with [the] opposite sex[.]” Thomason later moved to correct an illegal sentence, asking the court to strike the condition. After a hearing, the court denied his motion. This appeal followed. On appeal, Thomason argues that the court erred in denying his motion to correct an illegal sentence because the probation condition bore no reasonable relationship to his convictions for violating a protective order. The State agrees. So do we. 1 Under Maryland Rule 4-345(a), a “court may correct an illegal sentence at any time.” A sentence is “inherently illegal” for purposes of Rule 4-345(a) where there was no conviction warranting any sentence, Chaney v. State, 397 Md. 460, 466 (2007); where the sentence imposed was not a permitted one, id.; or where the sentence imposed exceeded the sentence agreed upon as part of a binding plea agreement, Matthews v. State, 424 Md. 503, 514 (2012). We review de novo whether a sentence is an illegal sentence. State v. Crawley, 455 Md. 52, 66 (2017). “Probation is a creature of statute, and as such, the terms of probation are derived from statutory authority.” Bailey v. State, 355 Md. 287, 293 (1999). A circuit court has 1 Because we agree that the condition is unreasonable, we do not address Thomason’s alternative, constitutional arguments. See Sumpter v. Sumpter, 427 Md. 668, 683 n.10 (2012).
‒Unreported Opinion‒ 2 “broad authority to formulate conditions of probation.” Id. at 294. Even so, each condition must be, among other things, “reasonable and have a rational connection to the offense.” Allen v. State, 449 Md. 98, 111 (2016) (cleaned up). “[A] condition cannot stand . . . if it is not related to the crime of which [the] defendant has been convicted and if it has no reasonable relation to future criminality.” Henson v. State, 212 Md. App. 314, 327–28 (2013) (cleaned up). The probation condition here fails this test. To begin with, the condition did not protect—and was not designed to protect—the victim of the crimes for which Thomason was convicted; she was the subject of a separate no-contact provision. Indeed, according to the circuit court, the condition was designed to protect Thomason from “that segment of the population [with] whom he has expressed dissatisfaction, disrespect and failure.” Similarly, the condition has no reasonable relation to future criminality. Despite the court’s reasoning, neither Thomason’s criminal history nor the fact that he had “been married and divorced three times” and “uses demeaning language and cites [his previous partners’] faults for the relationship failures” suggest that he might: enter into a new relationship, become the subject of a new protective order, and then violate that protective order. At bottom, the record failed to demonstrate that Thomason—any more than any other person convicted of a crime—had taken advantage of his circumstances “to commit the [crimes] for which he was convicted and sentenced” such that there would be “a deterrent value in preventing [him] from occupying such a position with respect” to any and all future romantic partners. Allen, 449 Md. at 120. The condition simply was “not related to the crime of which [Thomason] ha[d] been convicted and . . . it ha[d] no
‒Unreported Opinion‒ 3 reasonable relation to future criminality.” Henson, 212 Md. App. at 327–28 (cleaned up). It was, therefore, unreasonable and, as such, illegal. Thus, the circuit court erred in denying Thomason’s motion to correct an illegal sentence, and we must reverse its judgment. 2 JUDGMENT OF THE CIRCUIT COURT FOR WASHINGTON COUNTY REVERSED. CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS TO BE PAID BY WASHINGTON COUNTY. 2 Also pending before the Court is Thomason’s “Motion to Expedite Issuance of Opinion and Mandate.” We shall deny as moot the request to expedite issuance of this Opinion but grant the request to expedite the mandate. Upon entry of this Opinion, the Clerk shall issue the mandate forthwith.
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