Sayles v. State, 030519 MDSCA, 2435-2017

Docket Nº:2435-2017
Opinion Judge:PER CURIAM.
Party Name:EDGAR LORENZO SAYLES v. STATE OF MARYLAND
Judge Panel:Graeff, Arthur, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.
Case Date:March 05, 2019
Court:Court of Special Appeals of Maryland
 
FREE EXCERPT

EDGAR LORENZO SAYLES

v.

STATE OF MARYLAND

No. 2435-2017

Court of Special Appeals of Maryland

March 5, 2019

Circuit Court for Washington County Case No. 21-K-11-046412

Graeff, Arthur, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.

OPINION [*]

PER CURIAM.

Following a jury trial in the Circuit Court for Anne Arundel County, Edgar Sayles, appellant, was convicted of two counts of distribution of cocaine, two counts of possession of cocaine, and one count of conspiracy to distribute cocaine. The court sentenced Mr. Sayles to two mandatory terms of 40 years' incarceration for each distribution offense pursuant to § 5-608(d) of the Criminal Law Article; merged his sentences for possession of cocaine; and imposed a concurrent term of five years' incarceration for conspiracy to distribute cocaine. On direct appeal, we affirmed Mr. Sayles's convictions, but held that the sentencing court had erred in imposing two 40-year mandatory sentences because both distribution offenses were charged in the same indictment. Therefore, we vacated both sentences for distribution of cocaine and remanded for re-sentencing. See Sayles v. State, No. 679, Sept. Term 2012 (filed July 22, 2013). On remand, the court held a new sentencing hearing and imposed a single 40-year sentence. Mr. Sayles now appeals from that re-sentencing and contends that his 40-year mandatory sentence must be vacated because (1) the State did not provide him with sufficient notice that it was seeking to impose an enhanced sentence, and (2) the State failed to prove that he had previously served three separate terms of confinement as a result of three separate convictions. Because the court did not err in imposing a mandatory 40-year sentence for distribution, we affirm.

At the time Mr. Sayles was sentenced, § 5-608(d) of the Criminal Law Article required that a sentence of "not less than 40 years" be imposed for the offense of distribution of cocaine if a defendant had "previously [] served three or more separate terms of confinement as a result of three or more separate convictions [for certain specified drug offenses]." Pursuant to Maryland Rule 4-245(c), the State...

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