MIDDLETON v. STATE

No. 97, September Term, 1988.

318 Md. 749 (1990)

569 A.2d 1276

VINCENT MIDDLETON v. STATE OF MARYLAND.

Court of Appeals of Maryland.

February 28, 1990.


Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender, both on brief), Baltimore, for petitioner.

Richard B. Rosenblatt, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

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


ELDRIDGE, Judge.

In this criminal case, a jury found the defendant guilty both of first degree rape and of the concededly lesser included offense of second degree rape. Prior to imposing sentence, the trial judge vacated the guilty verdict on the count charging first degree rape. The trial judge then sentenced the defendant to fifteen years imprisonment for second degree rape. Thereafter, while the case was pending on appeal, the trial judge reconsidered his order...

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