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trial, any judge may sentence the defendant except that, the<br />

judge who directed entry of the plea shall sentence the defendant<br />

if that judge has received any matter, other than a statement of<br />

the mere facts of the offense, which would be relevant to<br />

determining the proper sentence. This section is subject to the<br />

provisions of Rule 4-361.<br />

(d) Presentence Disclosures by the State's Attorney<br />

Sufficiently in advance of sentencing to afford the<br />

defendant a reasonable opportunity to investigate, the State's<br />

Attorney shall disclose to the defendant or counsel any<br />

information that the State expects to present to the court for<br />

consideration in sentencing. If the court finds that the<br />

information was not timely provided, the court shall postpone<br />

sentencing.<br />

(e) Notice <strong>and</strong> Right of Victim to Address the Court<br />

(1) Notice <strong>and</strong> Determination<br />

Notice to a victim or a victim’s representative of<br />

proceedings under this Rule is governed by Code, Criminal<br />

Procedure Article, §11-104 (e). The court shall determine<br />

whether the requirements of that section have been satisfied.<br />

(2) Right to Address the Court<br />

The right of a victim or a victim’s representative to<br />

address the court during a sentencing hearing under this Rule is<br />

governed by Code, Criminal Procedure Article, §11-403.<br />

Cross reference: See Code, Criminal Procedure Article, §§11-103<br />

(b) <strong>and</strong> 11-403 (e) concerning the right of a victim or victim’s<br />

representative to file an application for leave to appeal under<br />

-154

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