BIGGUS v. STATE

No. 41, September Term, 1989.

323 Md. 339 (1991)

593 A.2d 1060

LLOYD EUGENE BIGGUS v. STATE OF MARYLAND.

Court of Appeals of Maryland.

August 16, 1991.


Attorney(s) appearing for the Case

Jose Felipe Anderson, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), of Baltimore, for petitioner.

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

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


ELDRIDGE, Judge.

Maryland Code (1957, 1987 Repl.Vol., 1990 Cum.Supp.), Art. 27, § 464B, creates the crime or crimes of "third degree sexual offense." The statute sets forth six different types of activities which constitute "third degree sexual offense." The same conduct of the defendant in this criminal case fell within two of the six types of activities proscribed by § 464B. The trial court, being of the view that each type of activity constituted a separate...

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