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VITEK v. STATE

[No. 48, September Term, 1982.]

295 Md. 35 (1982)

453 A.2d 514

DONALD GILBERT VITEK, JR. v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided December 15, 1982.

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.

Alexander L. Cummings, 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, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

COUCH, J., delivered the opinion of the Court. MURPHY, C.J., and SMITH, J., dissent. MURPHY, C.J., filed a dissenting opinion at page 46 infra, in which SMITH, J., joins.

In June, 1981, Donald Gilbert Vitek, Jr., the appellant, after being tried by a jury in the Circuit Court for Prince George's County, was convicted of robbery and sentenced to ten years imprisonment with four years suspended. The Court of Special Appeals affirmed the judgment in an unreported...

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