NIGHTINGALE v. STATE

No. 98, September Term, 1987.

312 Md. 699 (1988)

542 A.2d 373

CAROL NIGHTINGALE AND ALBERT JAMES JOSEPH MYERS, SR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

June 10, 1988.


Attorney(s) appearing for the Case

Mark Colvin, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellants.

Norman L. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for appellee.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.


ADKINS, Judge.

The question put to us in these cases is whether separate convictions and sentences for both child abuse and second, third, or fourth degree sexual offense [are] improper where the State relies on and proves the sexual offense to sustain the child abuse conviction?

The Court of Special Appeals answered this question in the negative. Although we cannot determine with precision whether the convictions of child abuse were sustained by the sexual...

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