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SMITH v. STATE

No. 330, Sept. Term, 2003.

857 A.2d 1198 (2004)

158 Md. App. 673

James SMITH and Jason Mack v. STATE of Maryland.

Court of Special Appeals of Maryland.

September 15, 2004.

Attorney(s) appearing for the Case

Allen E. Burns (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant.

Shannon E. Avery (J. Joseph Curran, Jr., Attorney General, on the brief), Baltimore, for Appellee.

Panel: DAVIS, EYLER, JAMES R., ADKINS, JJ.

JAMES R. EYLER, J.

On February 24-25, 2003, James Smith ("Mr. Smith") and Jason Mack ("Mr. Mack"), appellants, were tried together by a jury in the Circuit Court for Baltimore City. Mr. Smith was convicted of attempted robbery, assault in the second degree, and attempted theft of under five hundred dollars. After merging the assault and attempted theft convictions, the court sentenced Mr. Smith to six years' imprisonment, all but two years suspended, followed by three...

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