Maryland Rule 4-343
RULE 4-343. SENTENCING
((d) Reports of Defendant’s Experts. Upon request by the State after the defendant has been found guilty of murder in the first degree, the defendant shall produce and permit the State to inspect and copy all written reports made in connection with the action by each expert the defendant expects to call as a witness at the sentencing proceeding, including the results of any physical or mental examination, scientific test, experiment, or comparison, and shall furnish to the State the substance of any such oral report or conclusion. The defendant shall provide this information to the State sufficiently in advance of Phase I of the sentencing proceeding to afford the State a reasonable opportunity to investigate the information. Upon request by the State, the court may postpone the sentencing proceeding if the court finds that the State reasonably needs additional time to investigate the defendant’s disclosure.
-affirmed the use of a gang expert’s testimony during a sentencing hearing. The Court found that it was properly within the sentencing judge’s discretion whether or not to consider evidence regarding the nature and activities of MS-13 as it pertained to the court’s consideration of the defendant’s character. The appellate court was not requested to consider the sentence of incarceration followed by five (5) years probation with the special condition the defendant not be involved in any gang activity or be a member of any gang; Cruz-Quintanilla, 228 Md. App. 64