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EVANS v. STATE

No. 72, September Term, 2010.

23 A.3d 223 (2011)

420 Md. 391

Leroy EVANS, Jr. v. STATE of Maryland.

Court of Appeals of Maryland.

June 30, 2011.

Attorney(s) appearing for the Case

Brian L. Zavin , Assistant Public Defender ( Paul B. DeWolfe , Public Defender, Baltimore, MD), on brief, for Petitioner.

Jessica V. Carter , 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.

BATTAGLIA, J.

In this case, we pen a sequel to Chen v. State, 370 Md. 99, 803 A.2d 518 (2002), a case in which we determined that a provision that prohibited an activity and a separate provision that penalized that same activity, though separated during a recodification, could nonetheless be read in pari materia as penalizing the act of possessing unstamped cigarettes. We now address whether...

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