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STATE v. PURCELL

No. 74, September Term, 1995.

342 Md. 214 (1996)

STATE OF MARYLAND v. JOHN PAUL PURCELL.

Court of Appeals of Maryland.

April 16, 1996.

Attorney(s) appearing for the Case

Celia Anderson Davis, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief) Baltimore, for Appellant.

Michael T. Nalls (Nalls & Nalls, P.C., on brief) Bethesda, for Appellee.

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

MURPHY, Chief Judge.

This case requires us to interpret Md.Code (1957, 1992 Repl., 1995 Supp.) Article 27, § 641(a)(2) to determine the circumstances under which a defendant may receive probation before judgment for driving while intoxicated or under the influence of alcohol or a drug. We hold that if a defendant is found guilty of such an offense within five years of being convicted of, or given probation before judgment for, another drunk or drugged driving...

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