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TONEY v. STATE

No. 1786, Sept. Term, 2000.

782 A.2d 383 (2001)

140 Md. App. 689

Leon Eugene TONEY v. STATE of Maryland.

Court of Special Appeals of Maryland.

September 27, 2001.

Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Stephen E. Harris, Public Defender on the brief), Baltimore, for appellant.

Devy P. Russell, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Jack Johnson, State's Atty. for Prince George's County, Upper Marlboro, on the brief), for appellee.

Submitted Before HOLLANDER, SONNER, and ADKINS, JJ.

HOLLANDER, Judge.

In the Circuit Court for Prince George's County, Leon Eugene Toney, appellant, pled guilty to second degree assault. Thereafter, he was sentenced to a term of five years' incarceration; all but 18 months of the sentence was suspended. The court also gave Toney credit for 188 days of pre-trial incarceration. The sole issue in this appeal is whether, in sentencing appellant, the court erroneously failed to credit him with an additional 98 days that...

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