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CHOATE v. STATE

No. 0922, September Term, 2012.

75 A.3d 1003 (2013)

214 Md. App. 118

Ralph Sabert CHOATE v. STATE of Maryland.

Court of Special Appeals of Maryland.

September 9, 2013.

Attorney(s) appearing for the Case

Michael T. Torres ( Paul B. DeWolfe , Public Defender, on the brief), Baltimore, MD, for Appellant.

Benjamin A. Harris ( Douglas F. Gansler , Attorney General, on the brief), Baltimore, MD, for Appellee.

Panel: DEBORAH S. EYLER, BERGER and CHARLES E. MOYLAN, JR. (Retired, Specially Assigned), JJ.

MOYLAN, J.

Ralph Sabert Choate, the appellant, was convicted by a jury in the Circuit Court for Montgomery County of one count of first degree rape and two counts of first degree sexual offense. The court imposed three consecutive life sentences. The appellant has raised four issues for our review, which we have reworded:

I. Did the court err in instructing the jury on an aggravating factor with respect to both first degree rape and first degree sexual offense...

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