State v. Clements, 192 A.3d 686

In 1989 Phillip James Clements, age 17, was convicted of multiple felonies including three counts of first-degree murder and two counts of attempted first-degree murder and sentenced to five consecutive life terms with parole eligibility, plus concurrent terms for lesser offenses.
After unsuccessful direct and post-conviction challenges, Clements filed a Maryland Rule 4-345(a) Motion to Correct Illegal Sentence in 2016, arguing the consecutive life terms amounted to de facto life without parole in light of Graham, Miller, and Montgomery.
The Circuit Court for Prince George’s County granted the Rule 4-345(a) motion, vacated the 1989 sentence, and scheduled a resentencing hearing.
The State appealed the grant/vacatur within 30 days; Clements moved to dismiss the appeal for lack of a final, appealable order.
The Court of Special Appeals dismissed the State’s appeal for lack of final judgment; the Court of Appeals affirmed, holding the vacation alone was interlocutory and no statutory right to appeal arose until a new sentence was imposed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court’s grant of a Rule 4-345(a) motion and vacatur of sentence is a final, appealable order allowing the State to appeal under CJP § 12-302	The State: the vacatur is a final civil judgment or a modification of sentence, so § 12-302(c)(3)(ii) permits immediate State appeal	Clements: Rule 4-345(a) is part of the criminal proceeding; vacatur without a new sentence is interlocutory and not appealable by the State	Vacatur alone is interlocutory; the State may not appeal under § 12-302(c)(3)(ii) until a new sentence is imposed

Ruby v. State, 353 Md. 100 (1999) (discusses coram nobis and the civil nature of some collateral challenges)
State v. Kanaras, 357 Md. 170 (1999) (Rule 4-345(a) motions are part of the underlying criminal proceeding, not independent civil actions)
Hoile v. State, 404 Md. 591 (2008) (order that effectively reinstated an original sentence was appealable because it imposed a sentence)
Graham v. Florida, 560 U.S. 48 (2010) (juvenile life-without-parole for non-homicide offenses unconstitutional)
Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life-without-parole for juveniles unconstitutional; individualized sentencing required)
Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller announced a substantive rule made retroactive; requires resentencing or parole opportunity for qualifying juveniles)