CUBBAGE v. STATE

No. 5, September Term, 1985.

304 Md. 237 (1985)

498 A.2d 632

JAMES LEE CUBBAGE v. STATE OF MARYLAND.

Court of Appeals of Maryland.

October 9, 1985.


Attorney(s) appearing for the Case

Gerald A. Kroop, Baltimore (Kenneth D. Man and Kroop & Kurland, P.A., Baltimore, on brief), for appellant.

Ann E. Singleton, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.

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


RODOWSKY, Judge.

Here we hold to be valid a knowing and voluntary waiver of appeal made after conviction and before sentencing by the defendant in a criminal case. The waiver was part of a sentencing bargain which the State has fully performed.

Appellant-defendant, James Lee Cubbage (Cubbage), was tried and convicted in a bench trial by the Circuit Court for Montgomery County of second-degree rape and third-degree sexual offense. Cubbage appealed to the Court...

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