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STATE v. THOMAS

No. 30, September Term, 1992.

328 Md. 541 (1992)

616 A.2d 365

STATE OF MARYLAND v. DONALD THOMAS.

Court of Appeals of Maryland.

December 9, 1992.

Attorney(s) appearing for the Case

Gwynn X. Kinsey, Jr., Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for appellant.

H. Mark Stichel (Edward K. Dunn, III, Piper and Marbury, William Kanwisher, Asst. Public Defender, all on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

KARWACKI, Judge.

In this post conviction case, we once again consider the issue of whether Donald Thomas is entitled to a new sentencing hearing for his murder of Sarah Spurling, on October 2, 1981, in Baltimore County. See State v. Thomas, 325 Md. 160, 599 A.2d 1171 (1992) (Thomas II); Thomas v. State, 301 Md. 294, 483 A.2d 6

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