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JONES v. STATE

No. 147, September Term, 1990.

324 Md. 32 (1991)

595 A.2d 463

GEORGE JONES v. STATE OF MARYLAND.

Court of Appeals of Maryland.

September 11, 1991.

Attorney(s) appearing for the Case

Bradford C. Peabody, Asst. Public Defender (Stephen E. Harris, Public Defender, both on brief), Baltimore, for petitioner.

Cathleen C. Brockmeyer, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW and KARWACKI, JJ.

RODOWSKY, Judge.

The petitioner, George Jones (Jones), challenges his enhanced sentence as a three time offender under the drug laws. He asserts that the State failed to prove a predicate for enhanced punishment, namely, that he had served at least 180 days of a term of confinement imposed as the sentence for one of the predicate convictions. Two issues are presented.

1. Did the trial court and the Court of Special Appeals err in concluding that the burden...

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