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IVEY v. STATE

No. 126, September Term, 1989.

80 Md. App. 435 (1989)

564 A.2d 105

NATHAN B. IVEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

October 3, 1989.

Attorney(s) appearing for the Case

Victoria S. Keating, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Thomas K. Clancy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Davis R. Ruark, State's Atty. for Wicomico County, Salisbury, on the brief), for appellee.

Submitted before ROBERT M. BELL, WENNER and FISCHER, JJ.

ROBERT M. BELL, Judge.

Nathan Ivey, appellant, was convicted, at a bench trial in the Circuit Court for Wicomico County, of second-degree rape and sentenced to eighteen years' imprisonment. His appeal from that judgment presents two issues:

1. Did the court below err in infringing upon appellant's right to have counsel make a closing argument? 2. Was the court clearly erroneous in its verdict?

We find merit in the first issue and, thus...

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