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STATE v. FINCHAM

No. 1376, September Term, 1986.

71 Md. App. 314 (1987)

525 A.2d 265

STATE OF MARYLAND v. RICHARD DOYLE FINCHAM.

Court of Special Appeals of Maryland.

May 11, 1987.

Attorney(s) appearing for the Case

John S. Bainbridge, Jr., Asst. Atty. Gen., Baltimore (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Warren B. Duckett, Jr., State's Atty. for Anne Arundel County and Frederick M. Paone, Asst. State's Atty. for Anne Arundel County, Annapolis, on the brief, for appellant.

No brief or argument for appellee.

Argued before WILNER, ROSALYN B. BELL and ROBERT M. BELL, JJ.

WILNER, Judge.

Md. Code Ann. art. 27, § 641(a)(1) permits a court, if satisfied that the best interests of the person and the welfare of the people of the State would be served thereby, to stay the entry of judgment in a criminal case and place the defendant on probation. Subsection (a)(2) of § 641 very clearly provides, however, that:

"Notwithstanding paragraph (1) of this subsection, a court may not stay the entering of judgment and place a person...

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