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Maryland Appeals Court Vacates Boxer Dorian Bostic's Plea Agreement In Assault Case

ANNAPOLIS, Md. (AP) — A Maryland appeals court has vacated the plea agreement and sentence of a professional boxer in an assault case because the case was resolved without allowing the victim to testify about the impact it had on him.

The Court of Special Appeals ruled Thursday that a circuit court judge violated Gary Antoine's rights by accepting Dorian Bostic's guilty plea before allowing Antoine the opportunity to present victim impact evidence.

The appeals court sent the case back to the circuit court to reconsider the plea agreement after giving Antoine the opportunity to present victim impact evidence. If the court decides not to approve the plea agreement, it must give Bostic, 31, the opportunity to withdraw his guilty plea.

According to the appeals court ruling, a prosecutor had advised Antoine that he did not need to attend the October 2018 hearing at which Bostic entered his plea.

A judge in the Circuit Court for Baltimore City agreed to give Bostic a sentence of probation before judgment before hearing from Antoine.

Bostic accepted the court's offer and pleaded guilty to second-degree assault.

The judge then promised to strike the guilty finding and enter probation before judgment, meaning a conviction would not appear on Bostic's record if he successfully completed probation.

Antoine subsequently asked the court to reconsider its decision and hear from him before reaching a final determination regarding Bostic's sentence. The court responded that it lacked authority to reopen Bostic's disposition.

Antoine successfully argued on appeal that the circuit court denied him his constitutional and statutory right to present victim impact evidence before sentencing.

According to court records, Antoine is a teacher at Patterson High School in Baltimore and was leaving the school in June 2018 when Bostic pepper sprayed him. Antoine said Bostic then pulled out an aluminum bat and began swinging it at him, then ran to his car and threatened to run over Antoine.

The incident was captured on school security video, and Antoine and other witnesses identified Bostic as the attacker.

Bostic accepted the state's factual recitation but denied swinging the bat and or trying to run over Antoine with his car.

Bostic has touted himself as "The Educated Boxer" because he has a master's degree from the University of Baltimore and plans to get a doctorate in human services administration through an online university.

Bostic won a United States Intercollegiate Boxing Association title in 2017 and made his professional debut last year, scoring a first-round knockout.

(© Copyright 2020 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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