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STATE v. HOLMES

No. 12, September Term, 1986.

310 Md. 260 (1987)

528 A.2d 1279

STATE OF MARYLAND v. DERRIK O. HOLMES.

Court of Appeals of Maryland.

August 3, 1987.

Attorney(s) appearing for the Case

Richard B. Rosenblatt, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on brief), Baltimore, for appellant.

Michael R. Malloy, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and MARVIN H. SMITH (retired, specially assigned), JJ.

COLE, Judge.

In this appeal we must determine whether the trial court erred in sentencing Derrik Holmes to life imprisonment with all but thirty-five years suspended for his conviction of attempted murder in the first degree. This question turns in significant part upon whether the offenses of assault with intent to murder and attempted murder in the first degree are the "same" offense for purposes of the Maryland common law prohibition against multiple punishment...

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