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SMITH v. STATE

No. 10, September Term, 2011.

32 A.3d 59 (2011)

423 Md. 573

Gary James SMITH v. STATE of Maryland.

Court of Appeals of Maryland.

November 29, 2011.

Attorney(s) appearing for the Case

Gary E. Bair (Bennett & Bair, LLC, Greenbelt, MD), on brief, for petitioner.

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

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, JOHN C. ELDRIDGE (retired, specially assigned), and LAWRENCE F. RODOWSKY (retired, specially assigned), JJ.

LAWRENCE F. RODOWSKY (retired, specially assigned), J.

Petitioner, Gary James Smith (Smith), was convicted at a jury trial in the Circuit Court for Montgomery County of depraved heart second-degree murder and use of a handgun in the commission of a felony. The court sentenced him to thirty years confinement for murder and to a second consecutive twenty year sentence on the handgun charge, with all but five years suspended and...

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