DEAN v. STATE

[No. 119, September Term, 1980.]

291 Md. 198 (1981)

434 A.2d 552

BRUCE HERBERT DEAN v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 10, 1981.


Attorney(s) appearing for the Case

Gary W. Christopher, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Richard B. Rosenblatt, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

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


DAVIDSON, J., delivered the opinion of the Court. SMITH, J., dissents.

This case presents the question whether an order revoking probation must be reversed if it is based in part upon a conviction of a crime, committed during the probationary period, which is subsequently reversed on appeal.

On 20 April 1978, in the Circuit Court for Kent County, the petitioner, Bruce Herbert Dean (probationer), pleaded guilty to receiving stolen goods. On 22 June 1978, he...

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