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MARSHALL v. STATE

No. 70, September Term, 1990.

320 Md. 529 (1990)

578 A.2d 789

CEDRIC SHAWN MARSHALL v. STATE OF MARYLAND.

Court of Appeals of Maryland.

September 6, 1990.

Attorney(s) appearing for the Case

Alan H. Murrell, Public Defender, and Julia Doyle Bernhardt, Asst. Public Defender, Baltimore, for petitioner.

J. Joseph Curran, Jr., Atty. Gen., and Diane E. Keller, Asst. Atty. Gen., Baltimore, for respondent.

Submitted to MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and CHASANOW, JJ.

PER CURIAM:

We granted certiorari to consider whether the Court of Special Appeals, in its unreported affirmance of the revocation of Cedric Shawn Marshall's probation, erred in applying our holding in Hersch v. State, 317 Md. 200, 562 A.2d 1254 (1989). We conclude that it did and therefore shall reverse the judgment of that court and remand the matter for a new probation revocation hearing....

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