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GARDNER v. STATE

No. 104, Sept. Term, 1995.

689 A.2d 610 (1997)

344 Md. 642

Robert Lee GARDNER, v. STATE of Maryland.

Court of Appeals of Maryland.

February 21, 1997.

Attorney(s) appearing for the Case

Mark Colvin, Assistant Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioner.

Celia Anderson Davis, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

BELL, Chief Judge.

In this case, we are asked to decide an issue1 that was not presented, and, thus, was not answered, in Whack v. State, 338 Md. 665, 659 A.2d 1347 (1995): whether a sentence on a single count of an indictment or information may be enhanced pursuant to both Maryland Code (1957, 1992 Replacement Volume) Article 27, § 286(c)2 and § 293.

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