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STATE v. KENNEDY

No. 85, September Term, 1989.

320 Md. 749 (1990)

580 A.2d 193

STATE OF MARYLAND v. JOHN KEVIN KENNEDY.

Court of Appeals of Maryland.

October 9, 1990.

Attorney(s) appearing for the Case

Diane E. Keller, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for petitioner.

Jose Felipe Anderson, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, CHASANOW and CHARLES E. ORTH, Jr., Judge of the Court of Appeals of Maryland (retired, Specially Assigned), JJ.

COLE, Judge.

In this case we must determine whether the Circuit Court for Carroll County erred in granting Petitioner probation before judgment pursuant to Maryland Code (1957, 1987 Repl.Vol., 1989 Cum.Supp.), Article 27, § 641 rather than imposing extra jail time when he had been found guilty of escape under Maryland Code (1957, 1987 Repl.Vol., 1989 Cum.Supp.), Art. 27, § 139.

Petitioner, John Kevin Kennedy, was found guilty of escape from the Carroll...

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