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ECHOLS v. STATE

No. 1033, September Term, 1989.

82 Md. App. 594 (1990)

573 A.2d 44

DERRICK WAYNE ECHOLS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

May 4, 1990.

Attorney(s) appearing for the Case

Melissa M. Moore, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Alexander Williams, Jr., State's Atty. for Prince George's County, Upper Marlboro, on the brief), for appellee.

Submitted before ROSALYN B. BELL, KARWACKI and ROBERT M. BELL, JJ.

ROBERT M. BELL, Judge.

At a jury trial in the Circuit Court for Prince George's County, Derrick Wayne Echols, appellant, was convicted of distribution of cocaine. He was sentenced, pursuant to Maryland Code Ann. Art. 27, § 286(c),1 to ten years' imprisonment without parole. He now appeals, alleging that the trial judge:

1. Erred by refusing to permit the jury to consider, as an alternative verdict, the lesser charge

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