TURNER v. STATE

No. 216, September Term, 1984.

61 Md. App. 1 (1984)

484 A.2d 641

FRANK TURNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Certiorari Granted April 29, 1985.


Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Richard Kastendieck, Asst. Atty. Gen., Stephen H. Sachs, Atty. Gen., Kurt L. Schmoke, State's Atty. and Ruth Finch, Asst. State's Atty., for Baltimore City, Baltimore, for appellee.

Submitted before WEANT, GARRITY and ADKINS, JJ.


ADKINS, Judge.

The principal question presented in this case is whether Article 38, §§ 1 and 4(c) of the Annotated Code prohibit revocation of probation (and consequent imprisonment) for failure to pay court costs. The facts are undisputed.

In January 1983 appellant Frank Turner pleaded guilty to robbery with a deadly weapon. The Circuit Court for Baltimore City (Johnson, J.) sentenced him to imprisonment for five years, gave him credit for time...

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