BALDERSTON v. STATE

No. 1800, September Term, 1991.

93 Md. App. 364 (1992)

612 A.2d 335

RAY TERRY BALDERSTON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

September 9, 1992.


Attorney(s) appearing for the Case

Victoria S. Lansburgh, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant.

Tarra DeShields-Minnis, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Andrew L. Sonner, State's Atty., for Montgomery County of Rockville, on the brief), for appellee.

Submitted before BISHOP, GARRITY and MOTZ, JJ.


MOTZ, Judge.

The sole question presented in this appeal is whether voluntary home confinement, undertaken as a condition of probation, constitutes "custody" which must be considered for purposes of sentencing credit. Under the limited facts of this case, we hold that it does not.1

Appellant, Ray Terry Balderston, pled guilty in the Circuit Court for Montgomery County (Messitte, J.) to driving while under the influence of alcohol...

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