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STATE v. STEWART

No. 63, Sept. Term, 2001.

791 A.2d 143 (2002)

368 Md. 26

STATE of Maryland, v. Charles Benjamin STEWART.

Court of Appeals of Maryland.

February 13, 2002.

Attorney(s) appearing for the Case

Rachel Marblestone Kamins, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, for appellant/cross-appellee.

Peter F. Rose, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for appellee/cross-appellant.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

RAKER, Judge.

The Circuit Court for Calvert County held that twenty-five years imprisonment without the possibility of parole, the mandatory sentence under Maryland Code (1970, 1996 Repl.Vol., 2001 Supp.) Article 27, § 286(d)1 was cruel and unusual as applied to Charles B. Stewart. The court sentenced Stewart to ten years without parole. The State of Maryland appeals. In a cross-appeal, Stewart argues that, according to the rule announced...

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