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STATE v. ALLEN

No. 104, September Term, 2004.

875 A.2d 724 (2005)

387 Md. 389

STATE of Maryland v. Jeffrey Edward ALLEN.

Court of Appeals of Maryland.

June 10, 2005.

Attorney(s) appearing for the Case

Devy Patterson Russell, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for petitioner.

Stacy W. McCormack, Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), for respondent.

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

RAKER, J.

Jeffrey Edward Allen was convicted of first degree felony-murder in the Circuit Court for Charles County. The Court of Special Appeals reversed his conviction on the grounds that a defendant cannot be found to have committed felony-murder on the basis of a determination that he formed the intent to rob the victim only after he inflicted the fatal injuries. Allen v. State, 158 Md.App. 194,

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