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DEVILLE v. STATE

No. 132 Sept. Term 2003.

858 A.2d 484 (2004)

383 Md. 217

Oscar Louis DEVILLE v. STATE of Maryland.

Court of Appeals of Maryland.

September 23, 2004.

Attorney(s) appearing for the Case

Geraldine K. Sweeney, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for Petitioner.

Devy Patterson Russell, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, on brief), Baltimore, for Respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, and GREENE, JJ.

RAKER, Judge.

In this case, we must decide whether home detention1 qualifies as "confinement in a correctional institution" under Maryland's enhanced penalty statute directed at habitual criminal drug offenders. Maryland Code (1957, 1996 Repl. Vol., 2001 Supp.), Article 27, § 286(d)2 of the Controlled Dangerous Substances law, provides that a defendant who "has been convicted twice" of similar offenses...

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