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HUTCHINSON v. STATE

[No. 76, September Term, 1981.]

292 Md. 367 (1982)

438 A.2d 1335

FREDERICK HUTCHINSON v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided January 6, 1982.

Attorney(s) appearing for the Case

Michael R. Braudes, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Richard B. Rosenblatt, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

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

MURPHY, C.J., delivered the opinion of the Court. ELDRIDGE, COLE and DAVIDSON, JJ., dissent. DAVIDSON, J., filed a dissenting opinion at page 371 infra, in which ELDRIDGE and COLE, JJ., concur.

We granted certiorari in this case to consider whether the law of Maryland permits a trial judge to revoke an order of probation based solely upon evidence of a conviction of a subsequent crime which is then pending on appeal.

Appellant Hutchinson was convicted...

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