State v. Calhoun
| Decision Date | 13 March 1981 |
| Docket Number | No. 106,106 |
| Citation | 290 Md. 1,425 A.2d 1361 |
| Parties | STATE of Maryland v. James Arthur CALHOUN. |
| Court | Maryland Court of Appeals |
We granted certiorari in this case to consider whether the Court of Special Appeals erred in holding that Maryland Code Art. 27, § 643B(c) permits the imposition of only one mandatory sentence. For the reasons stated in Calhoun v. State, 46 Md.App. 478, 418 A.2d 1241 (1980) the judgment of the Court of Special Appeals is affirmed.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED; COSTS TO BE PAID BY PRINCE GEORGE'S COUNTY. MANDATE TO ISSUE FORTHWITH.
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32 cases
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Whack v. State
...albeit in different ways, more than one subsequent conviction arising out of the same incident. Consistent with State v. Calhoun, 290 Md. 1, 425 A.2d 1361 (1981), aff'g 46 Md.App. 478, 418 A.2d 1241 (1980), and as argued by the petitioner, even when there are two enhanced penalty statutes, ......
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Gargliano v. State
... ... 599, 615-16, 521 A.2d 720, 728 (1987) (§ 643B(b) ambiguous as to whether prior convictions must be separated by intervening periods of incarceration); see also Taylor v. State, 333 [639 A.2d 682] Md. at 236, 634 A.2d at 1325 (language of § 643B(b) termed "patently inartful," citing Calhoun v. State, 46 Md.App. 478, 489-90, 418 A.2d 1241, 1249 (1980), aff'd, 290 Md. 1, 425 A.2d 1361 (1981) and Davis v. State, 76 Md.App. 775, 783, 548 A.2d 183, 186 (1988), cert. denied, 314 Md. 496, 551 A.2d 867 (1989)). When called upon to construe similar enhanced penalty statutes, we have ... ...
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Jones v. State
... ... We have previously held that where a defendant, like Jones, is convicted of more than one qualifying crime of violence as the result of a single incident, the sentencing judge may impose only one § 643B(c) sentence. State v. Taylor, 329 Md. at 674, 621 A.2d at 425; Calhoun v. State, 46 Md.App. 478, 489, 418 A.2d 1241, 1249 (1980), aff'd, 290 Md. 1, 425 A.2d 1361 (1981). We have not previously had occasion, however, to consider the question raised in the case sub judice--that is, whether the trial judge has any discretion to determine which crime of violence ... ...
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Nelson v. State
... ... 975 A.2d 303 ... with all but three years suspended. 7 We do not know why appellant was not sentenced as a "second-time offender" under Article 27, § 286(c)(1). But, he did not yet qualify as a third-time offender. See Taylor, 175 Md.App. at 168-69, 926 A.2d 805; see also Calhoun v. State, 46 Md.App. 478, 488-90, 418 A.2d 1241 (1980) (stating that only one enhanced penalty for a "third" conviction for a crime of violence is allowed by statute; the court may not impose that sentence for every conviction beyond the second one), aff'd, 290 Md. 1, 425 A.2d 1361 (1981) ... ...
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