IRBY v. STATE

No. 656, September Term, 1985.

66 Md. App. 580 (1986)

505 A.2d 552

ROY JAMES IRBY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

March 6, 1986.


Attorney(s) appearing for the Case

Gary S. Offutt, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant.

Jillyn K. Schulze, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., Baltimore, Arthur A. Marshall, Jr., State's Atty. for Prince George's County and Robert H. Harvey, Asst. State's Atty. for Prince George's County, on brief, Upper Marlboro, for appellee.

Submitted before WILNER, BISHOP and ROSALYN B. BELL, JJ.


BISHOP, Judge.

Roy James Irby was convicted in the Circuit Court for Prince George's County of assault with intent to rob and robbery with a deadly weapon. He was sentenced under the mandatory sentencing provisions of Md. Ann. Code art. 27, § 643B(c) (1982, 1985 Cum.Supp.) to two concurrent terms of twenty-five years incarceration without the possibility of parole. Appellant raises issues related only to the sentencing:

I. Was the factual predicate necessary...

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