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MILLER v. STATE

No. 1330, September Term, 1975.

32 Md. App. 482 (1976)

361 A.2d 152

ALBERT MILLER, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 30, 1976.

Attorney(s) appearing for the Case

James J. Gitomer for appellant.

Bernard A. Raum, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and William Monfried, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before FREDERICK J. SINGLEY, JR., and MARVIN H. SMITH, Associate Judges of the Court of Appeals and DAVID ROSS, Associate Judge of the Eighth Judicial Circuit, all specially assigned.

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

The appellant, Albert Miller, Jr., pleaded guilty to first degree murder in the Criminal Court of Baltimore (Liss, J.) on 2 June 1970 and was sentenced to life imprisonment. As a result of Miller's plea, the State nol prossed a robbery indictment and agreed to recommend life imprisonment, thus allowing Miller to avoid any possibility of the death penalty. Miller did not appeal.

On 23 October 1975, Miller filed...

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