STATE v. FERRELL

No. 97, September Term, 1986.

313 Md. 291 (1988)

545 A.2d 653

STATE OF MARYLAND v. RAIST VERNON FERRELL.

Court of Appeals of Maryland.

August 5, 1988.


Attorney(s) appearing for the Case

Jillyn K. Schulze, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, for appellant.

Mark Colvin, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellee.

Argued before ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ., and MARVIN H. SMITH and CHARLES E. ORTH, Jr., Associate Judges of the Court of Appeals of Maryland (retired), Specially Assigned.


ELDRIDGE, Judge.

The issue in this case is whether a defendant's prosecution for use of a handgun in the commission of a felony or crime of violence is barred, under double jeopardy principles, by the defendant's prior conviction of armed robbery, where both prosecutions were based on the same act of robbery with a handgun.

The facts, taken largely from the parties' "Agreed Statement of Facts" under Maryland Rule 828 g, are as follows. The respondent, Raist...

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