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GARDNER v. STATE

No. 11, September Term, 2010.

20 A.3d 801 (2011)

420 Md. 1

Eugene Edward GARDNER v. STATE of Maryland.

Court of Appeals of Maryland.

May 24, 2011.

Attorney(s) appearing for the Case

Amy E. Brennan , Asst. Public Defender ( Paul B. DeWolfe , Public Defender, Baltimore, MD), on brief, for petitioner.

Susannah E. Prucka , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent.

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

BARBERA, J.

This case requires us to construe Maryland Code (1988, 2006 Repl.Vol.), § 12-702(b) of the Courts and Judicial Proceedings Article ("C.J."). That provision prohibits a court from imposing, following an appeal and remand for a new trial or resentencing, "a sentence more severe than the sentence previously imposed for the offense."1 In the ordinary case the "sentence previously imposed...

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