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MINOR v. STATE

No. 98, September Term, 1986.

313 Md. 573 (1988)

546 A.2d 1028

KEVIN CLAUDE MINOR v. STATE OF MARYLAND.

Court of Appeals of Maryland.

September 13, 1988.

Attorney(s) appearing for the Case

Michael R. Braudes, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Mary Ellen Barbera, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, for appellee.

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

COLE, Judge.

At issue in this case is the constitutionality of Kevin Claude Minor's sentence of twenty-five years in prison without the possibility of parole under Maryland's habitual criminal statute. Minor was sentenced pursuant to Md. Code (1957, 1982 Repl.Vol., 1987 Cum.Supp.) Art. 27, § 643B(c), which provides:

Third conviction of crime of violence. — Any person who (1) has been convicted on two separate occasions of a crime...

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