West v. State

296 Md. 413 (1983) · Court of Appeals of Maryland

Court of Appeals of MarylandDisposition: Vacated✓ Good law

HoldingIn this per curiam opinion, the Court of Appeals granted certiorari to consider a single question: whether the trial court erred in imposing a mandatory sentence upon the petitioner pursuant to Maryland Code (1957, 1976 Repl.

Per Curiam: We granted certiorari in this case to consider the single question of whether the trial court erred in imposing a mandatory sentence upon the petitioner pursuant to the provision of Maryland Code (1957, 1976 Repl. Vol., 1980 Cum. Supp.), Art. 27, § 643B (c). For the reasons stated in Raiford v. State, 296 Md. 289 , 462 A.2d 1192 (1983) sentence in this case must be vacated and the case remanded for a new sentencing hearing.

Sentence vacated and case remanded to the Court of Special Appeals with instructions to remand to the Circuit Court for Baltimore City for a new sentencing hearing. Costs to be paid by Mayor and City Council of Baltimore.