SWEETWINE v. STATE

[No. 41, September Term, 1979.]

288 Md. 199 (1980)

421 A.2d 60

TIMOTHY SWEETWINE v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided August 12, 1980.


Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Stephen H. Sachs, Attorney General, with whom was Diane G. Goldsmith, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.


ELDRIDGE, J., delivered the opinion of the Court.

In this criminal case, the defendant was charged with both a greater offense and a lesser included offense based upon the same act. He pled guilty to the lesser included charge, was convicted and sentenced only upon that charge, and the greater charge was not submitted to the trier of facts. Later, the defendant repudiated the guilty plea and was successful in obtaining a new trial. The issue before us is whether,...

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