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SMITH v. STATE

No. 1329 Sept. Term, 1996.

694 A.2d 182 (1997)

115 Md. App. 614

George SMITH, v. STATE of Maryland.

Court of Special Appeals of Maryland.

May 29, 1997.

Attorney(s) appearing for the Case

Edward J. Kelley (Stephen E. Harris, Public Defender, George E. Burns, Jr., Arthur A. Delano and Gary S. Offutt, Assistant Public Defenders, on the brief), Baltimore, for Appellant.

Ann N. Bosse, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, Baltimore and Sandra A. O'Connor, State's Attorney for Baltimore County, Towson, on the brief), for Appellee.

Argued before MURPHY, C.J., and MOYLAN and EYLER, JJ.

EYLER, Judge.

The issue presented by this appeal is whether the post conviction petition filed by appellant, George Smith, was properly dismissed on the ground that it was a second petition and not allowed by virtue of Art. 27, § 645A(a)(2)(i) of the Maryland Code (1957, 1996 Repl.Vol.).1

I.

Facts

The facts are not in dispute and, because of the narrow legal issue presented, may be succinctly stated. Appellant...

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