PAIR v. STATE

No. 1396, September Term, 2010.

33 A.3d 1024 (2011)

202 Md. App. 617

Daniel Joseph PAIR v. STATE of Maryland.

Court of Special Appeals of Maryland.

December 22, 2011.


Attorney(s) appearing for the Case

Brian M. Saccenti ( Paul B. DeWolfe , Public Defender, on the brief), Baltimore, MD, for Appellant.

Mary Ann Ince ( Douglas F. Gansler , Atty. Gen., on the brief), Baltimore, MD, for Appellee.

Panel: JAMES R. EYLER, WATTS and CHARLES E. MOYLAN, JR. (Retired, Specially Assigned), JJ.


MOYLAN, J.

The compelled merger of convictions to avoid multiple punishments for the same offense, or perhaps for the same criminal behavior, is by no means as simple a subject as it might at first appear to be. The hydra has no less than three heads: 1) constitutional double jeopardy; 2) the rule of lenity as an aid to statutory construction; and 3) the essentially tetherless notion of fundamental fairness. These are no mere variations on a common theme. They are...

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