STATE v. BOOZER

No. 155, September Term, 1984.

304 Md. 98 (1985)

497 A.2d 1129

STATE OF MARYLAND v. HAMPTON BOOZER.

Court of Appeals of Maryland.

October 1, 1985.


Attorney(s) appearing for the Case

Diane G. Goldsmith, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, Arthur J. Marshall, Jr., State's Atty. for Prince George's County, and Michael V. Kuhn, Asst. State's Atty., Upper Marlboro, on brief), for appellant.

Richard F. Walsh, Lanham (Renahan & Walsh, Lanham, on brief), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.


McAULIFFE, Judge.

The issue before us is whether a defendant once placed in jeopardy on a charge of committing a fourth degree sexual offense may be subjected to a second prosecution for attempted fourth degree sexual offense when both charges arose out of the same criminal episode but the State alleged separate acts by the defendant in each charging document. We hold that the second prosecution is permitted under the facts of this case.

Hampton Boozer was...

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