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MONTONE v. STATE

No. 74, September Term, 1985.

308 Md. 599 (1987)

521 A.2d 720

SANTO LOUIS MONTONE, JR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

March 3, 1987.

Attorney(s) appearing for the Case

John L. Kopolow, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned, JJ.

COLE, Judge.

At issue in this case is the propriety of Santo Louis Montone's sentence to life imprisonment without possibility of parole under Maryland's habitual criminal statute. The statute reads in pertinent part: "Any person who has served three separate terms of confinement in a correctional institution as a result of three separate convictions of any crime of violence shall be sentenced, on being convicted a fourth time of a crime of violence, to life imprisonment...

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