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MELGAR v. STATE

No. 152, Sept. Term, 1998.

734 A.2d 712 (1999)

355 Md. 339

Jose Armando MELGAR v. STATE of Maryland.

Court of Appeals of Maryland.

August 5, 1999.

Attorney(s) appearing for the Case

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

Annabelle L. Lisic, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., of Maryland, on brief) Baltimore, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and THEODORE G. BLOOM, (Retired, specially assigned), JJ.

RAKER, J.

Jose Armando Melgar challenges his sentence of incarceration for twenty-five years without parole, imposed by the Circuit Court for Prince George's County pursuant to the enhanced penalty provision contained in Article 27, § 286(d) of the Maryland Code. He asserts that the State did not satisfy its burden of proving one of the statutory predicates for imposing the enhanced penalty, that is, that he had served...

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