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GARDNER v. STATE

No. 11, September Term, 2010.

20 A.3d 801 (2011)

420 Md. 1

Eugene Edward GARDNER v. STATE of Maryland.

Court of Appeals of Maryland.

May 24, 2011.

Attorney(s) appearing for the Case

Amy E. Brennan, Asst. Public Defender (Paul B. DeWolfe, Public Defender, Baltimore, MD), on brief, for petitioner.

Susannah E. Prucka, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

BARBERA, J.

This case requires us to construe Maryland Code (1988, 2006 Repl.Vol.), § 12-702(b) of the Courts and Judicial Proceedings Article ("C.J."). That provision prohibits a court from imposing, following an appeal and remand for a new trial or resentencing, "a sentence more severe than the sentence previously imposed for the offense."1 In the ordinary case the "sentence previously imposed...

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