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eBook details

• Title: Gly Construction Co. v. Davis
• Author : Court of Special Appeals of Maryland
• Release Date : January 20, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

In this appeal, we are again called upon to construe the mandatory sentencing provisions of Maryland Code (1957, 1992 Repl. Vol.) Article 27, § 643B. Subsection (c) of that statute mandates the imposition of a sentence of not less than 25 years upon a defendant who, after having been convicted of a crime of violence on two prior occasions and having served a term of incarceration as a result thereof, is "convicted a third time of a crime of violence." The issue raised in this appeal concerns the application of § 643B(c) to a defendant who, having otherwise satisfied the statutory prerequisites for imposition of the § 643B(c) penalty, is thereafter convicted, as the result of a single incident, of more than one crime of violence which could serve as the defendants "third" crime of violence conviction. The precise question we face is whether a sentencing judge may select any one of the defendants crime of violence convictions to serve as the third conviction for the purposes of § 643B(c). We hold that a sentencing judge has the discretion to impose the § 643B(c) penalty upon any one of the qualifying convictions, and, accordingly, we affirm the judgment of the Court of Special Appeals.

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