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SHILLING v. STATE

No. 55, September Term, 1988.

320 Md. 288 (1990)

577 A.2d 83

JEFFREY TODD SHILLING v. STATE OF MARYLAND.

Court of Appeals of Maryland.

Filed August 3, 1990.

Attorney(s) appearing for the Case

Charles M. Preston (Stoner, Preston & Boswell, Chtd., all on brief), Westminster, for petitioner.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

COLE, Judge.

Upon an agreed statement of facts, Petitioner, Jeffrey Todd Shilling, was found guilty of operating a motor vehicle while intoxicated in violation of Maryland Code (1987 Repl. Vol., 1989 Cum.Supp.) § 21-902(a) of the Transportation Article. Despite its awareness that in 1984 Shilling previously had been found guilty of driving while under the influence of alcohol, a violation of Maryland Code (1987 Repl.Vol., 1989 Cum.Supp.) § 21-902(b) of the...

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