(Download) "Gly Construction Co. v. Davis" by Court of Special Appeals of Maryland # Book PDF Kindle ePub Free

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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

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In this appeal, we are again called upon to construe the mandatory sentencing provisions of Maryland Code (1957, 1992 Repl. Vol.) Article 27, Â§ 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 Â§ 643B(c) to a defendant who, having otherwise satisfied the statutory prerequisites for imposition of the Â§ 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 Â§ 643B(c). We hold that a sentencing judge has the discretion to impose the Â§ 643B(c) penalty upon any one of the qualifying convictions, and, accordingly, we affirm the judgment of the Court of Special Appeals.