STATE v. KENNEDY

No. 1422, September Term, 1988.

79 Md. App. 433 (1989)

557 A.2d 268

STATE OF MARYLAND v. JOHN KEVIN KENNEDY.

Court of Special Appeals of Maryland.

May 3, 1989.


Attorney(s) appearing for the Case

Diane E. Keller, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Thomas E. Hickman, State's Atty. for Carroll County, Westminster, on the brief), Baltimore, for appellant.

Jose Felipe Anderson, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief) Baltimore, for appellee.

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


GILBERT, Chief Judge.

Judge Donald J. Gilmore, at a non-jury trial in the Circuit Court for Carroll County, entered a verdict of guilty against John Kevin Kennedy for the crime of escape. The judge stayed entry of the judgment and placed Kennedy on probation for a period of five years.

The State asks this Court to reverse that judgment by determining that Md. Ann. Code art. 27, § 139(a)(1)(Repl.Vol. 1987) precludes probation on a conviction for escape...

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