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DEESE v. STATE

No. 138 Sept. Term, 1999.

786 A.2d 751 (2001)

367 Md. 293

Gary A. DEESE v. STATE of Maryland.

Court of Appeals of Maryland.

December 17, 2001.

Attorney(s) appearing for the Case

Sherrie B. Glasser, Asst. Public Defender, (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioner.

Diane E. Keller, 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.

RODOWSKY, Judge.

Gary Deese (Deese) was convicted by a jury in the Circuit Court for Baltimore County of child abuse, a felony under Maryland Code (1957, 1996 Repl.Vol.), Article 27, § 35C. Based on the commission of a homicide in the perpetration of that felony, Deese was also convicted of second degree felony murder. The court sentenced Deese to twenty years incarceration for the felony murder, merging the sentence for child abuse. Deese appealed, and, before...

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