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WHACK v. STATE

No. 73, September Term, 1994.

338 Md. 665 (1995)

LARRY WHACK v. STATE OF MARYLAND.

Court of Appeals of Maryland.

June 23, 1995.

Attorney(s) appearing for the Case

Mark Colvin, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioner.

Kimberly Smith Ward, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

RAKER, Judge.

Once more we must construe criminal statutes that impose an enhanced penalty on certain offenders. In this appeal we are called upon to determine the meaning of the word "convicted" as it is used in Maryland Code (1957, 1992 Repl.Vol., 1993 Cum.Supp.) Article 27, § 286(c) and § 293.1 Section 286(c) mandates that a defendant who "previously has been convicted" of certain controlled dangerous substances offenses receive...

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