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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1672

September Term, 2005 ___________________________________

KESTER OBOMIGHIE v. STATE OF MARYLAND

Salmon, Adkins, Meredith, JJ.

Opinion by Meredith, J.

Filed: September 22, 2006

Kester Obomighie appeals the dismissal by the Circuit Court for Baltimore County of his petition for post conviction relief. Obomighie was convicted of second degree assault and was sentenced to 18 months of imprisonment, all suspended in favor of 18 months of supervised probation. He did not file his petition for post

conviction relief until the 18 month probationary period had only one week remaining. Because Obomighie's probation had ended by the time his post conviction petition came before the circuit court for a hearing, the court concluded it had no jurisdiction to grant the petition. The issue raised in this appeal is whether the circuit court retains jurisdiction to grant post conviction relief in a case when the petition was filed while the petitioner was on probation, but the hearing on the petition took place after the probationary period had ended. We agree with the circuit court that, once

Obomighie's term of probation ended, it no longer had jurisdiction under Maryland's Uniform Postconviction Procedure Act to grant relief. The circuit court therefore properly dismissed the case. Procedural Background Following a bench trial, Obomighie was convicted of second degree assault. On June 6, 2003, he was sentenced to 18 months of

imprisonment, all of which was suspended in favor of 18 months of supervised probation. On November 29, 2004, Obomighie filed a petition seeking assistance of post conviction counsel. relief, alleging ineffective ended on

trial

Obomighie's

probation

December 6, 2004, seven days after the petition was filed and before the court acted on the petition. The circuit court conducted a hearing on August 9, 2005, and, on August 11, 2005, entered an order dismissing the case for want of jurisdiction because

Obomighie was no longer on probation. Obomighie timely appealed to this Court. Analysis This case turns on the Act interpretation ("UPPA"), of the Code Uniform (2001),

Postconviction

Procedure

Maryland

Criminal Procedure Article,

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Maryland Law