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STATE v. JOHNSON

[No. 57, September Term, 1978.]

285 Md. 339 (1979)

402 A.2d 876

STATE OF MARYLAND v. WILLIAM THOMAS JOHNSON

Court of Appeals of Maryland.

Decided June 26, 1979.

Attorney(s) appearing for the Case

Deborah K. Handel, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellant.

Patricia A. Logan, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

The cause was argued before MURPHY, C.J. and SMITH, DIGGES, ELDRIDGE and COLE, JJ.

COLE, J., delivered the opinion of the Court.

The issue in this appeal from the judgment imposing sentence to be served following a revocation of probation is whether under the circumstances of this case the law existing at the time the appeal is decided or the law existing at the time of the trial is controlling.

William Thomas Johnson (Johnson) pleaded guilty to rape on November 26, 1976 and on December 30, 1976, the trial court suspended a sentence of five...

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