STATE v. SHILLING

Nos. 1356, 1357, September Term, 1987.

75 Md. App. 233 (1988)

540 A.2d 1184

STATE OF MARYLAND v. JEFFREY TODD SHILLING. STATE OF MARYLAND v. DAVID WAYNE LEWIS.

Court of Special Appeals of Maryland.

Certiorari Granted June 30, 1988.


Attorney(s) appearing for the Case

J. Joseph Curran, Jr., Attorney General of Maryland (Mary Ellen Barbera, Assistant Attorney General, both of Baltimore, MD., Thomas E. Hickman, State's Attorney for Carroll County, W. Samuel Truette and James F. Brewer, Assistant State's Attorneys for Carroll County on the brief) Westminster, for appellant.

Charles M. Preston, Westminster, for appellee, Shilling.

No brief filed or appearance by appellee's counsel for Lewis.

Argued before GILBERT, C.J., and MOYLAN and WENNER, JJ.


GILBERT, Chief Judge.

A judge in the Circuit Court for Carroll County on successive days imposed probation before judgment in different cases on two persons charged with driving while intoxicated, a violation of Md.Transp.Code Ann. § 21-902(a). For each of the two accused, it was the second violation of § 21-902(a) or (b) within a four year time span. Each defendant had submitted under an agreed statement of facts, and each was found guilty of "operating...

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