STATE v. McGHEE

No. 117, September Term, 1991.

331 Md. 494 (1993)

629 A.2d 69

STATE OF MARYLAND v. MARCELLUS McGHEE.

Court of Appeals of Maryland.

August 20, 1993.


Attorney(s) appearing for the Case

Annabelle L. Lisic, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for petitioner.

Julia Doyle Bernhardt, Asst. Public Defender (Stephen E. Harris, Public Defender, both on brief), Baltimore, for respondent.

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


McAULIFFE, Judge.

The defendant in this case was sentenced to 25 years without parole pursuant to Article 27, § 643B(c), Maryland Code (1957, 1992 Repl.Vol.), one of Maryland's recidivist statutes. He appealed to the Court of Special Appeals, contending, among other things, that the State had failed to prove beyond a reasonable doubt that one of the predicate convictions upon which his sentence was based was constitutionally valid. Relying on the case of Middleton...

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