DAVIS v. STATE

No. 2, September Term, 1986.

312 Md. 172 (1988)

539 A.2d 218

ERNEST F. DAVIS v. STATE OF MARYLAND.

Court of Appeals of Maryland.

March 30, 1988.


Attorney(s) appearing for the Case

John L. Kopolow, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Valerie V. Cloutier, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.


McAULIFFE, Judge.

This appeal involves an increased sentence following retrial. Petitioner contends that the increase is in violation of a Maryland statute or, in the alternative, is prohibited by the Due Process Clause of the United States Constitution. Because we agree that there was a lack of compliance with the requirements of the controlling statute, we shall vacate the sentence without reaching the constitutional issue.

I. Facts

Ernest...

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