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ERBE v. STATE

[No. 39, September Term, 1975.]

276 Md. 541 (1976)

350 A.2d 640

ERBE v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided January 7, 1976.

Attorney(s) appearing for the Case

Kenneth A. Reich, with whom were William L. Marbury and Piper & Marbury on the brief, for appellant.

Bernard A. Raum, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

SMITH, J., delivered the opinion of the Court. DIGGES and ELDRIDGE, JJ., dissent and DIGGES, J., filed a dissenting opinion in which ELDRIDGE, J., concurs at page 566 infra.

In this case appellant, Ronald Ashton Erbe (Erbe), was convicted on June 25, 1969, but was not sentenced until July 1, 1974. The trial court denied his motion to dismiss for lack of speedy sentencing. The Court of Special Appeals affirmed in Erbe v. State, 25 Md...

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