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DOVE v. STATE

No. 118, September Term, 2009.

4 A.3d 976 (2010)

415 Md. 727

Sean Anthony DOVE v. STATE of Maryland.

Court of Appeals of Maryland.

September 21, 2010.

Attorney(s) appearing for the Case

Scott M. Swafford , Assigned Public Defender (Arnold & Porter LLP of Washington, D.C.; Brian M. Saccenti , Asst. Public Defender, Maryland Office of the Public Defender, of Baltimore, MD), on brief, for petitioner.

Douglas D. Guidorizzi , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, of Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS, and BARBERA, JJ.

GREENE, J.

We are asked to determine whether the introduction of evidence at a sentencing hearing, which the State failed to disclose prior to the hearing in violation of Maryland Rule 4-342(d), was a harmless error. In the present case, the State, in an effort to prove that the petitioner, Sean Anthony Dove ("Dove"), was subject to an enhanced sentence under the provisions of Md.Code (2002), § 5-608(c) of the Criminal Law Article,1

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