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BARKLEY v. STATE

No. 1593, September Term, 2013.

98 A.3d 1111 (2014)

219 Md. App. 137

Keith S. BARKLEY v. STATE of Maryland.

Court of Special Appeals of Maryland.

September 2, 2014.

Attorney(s) appearing for the Case

Deborah Richardson ( Paul B. DeWolfe , Public Defender, on the brief), Baltimore, MD, for appellant.

Gary E. O'Connor ( Douglas F. Gansler , Atty. Gen.,on the brief), Baltimore, MD, for appellee.

Panel: NAZARIAN, REED, CHARLES E. MOYLAN, JR. (Retired, Specially Assigned), JJ.

CHARLES E. MOYLAN, JR., J. (Retired, Specially Assigned).

Unlawfully to possess heroin is a misdemeanor subjecting the possessor to the risk of imprisonment for four years plus a fine of $25,000. Criminal Law Article, § 5-601. To possess that heroin with the intent to distribute it, however, escalates the crime into a felony with a maximum sentence of twenty years imprisonment. §§ 5-602, 5-608. How then does the State go about proving that specific...

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