SPITZINGER v. STATE

No. 58, September Term, 1994.

340 Md. 114 (1995)

STEVEN LANE SPITZINGER v. STATE OF MARYLAND.

Court of Appeals of Maryland.

October 4, 1995.


Attorney(s) appearing for the Case

Michael R. Malloy, Assistant Public Defender (Stephen E. Harris, Public Defender, both on brief), Baltimore, for petitioner.

Mary Ellen Barbera, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, both on brief), Baltimore, for respondent.

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


CHASANOW, Judge.

The defendant Steven Spitzinger was convicted of felony theft of property to the value of $300 or greater under Maryland Code (1957, 1992 Repl.Vol.), Article 27, § 342, which carries a statutory maximum penalty of 15 years imprisonment. He was sentenced to 12 years for the offense. The issue before the Court is whether the maximum penalty for felony theft must be reduced to 10 years because the jury that convicted Spitzinger of felony theft also...

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