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Maryland Previous Conviction Parole Intoxication Lawyers Attorneys

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Maryland Previous Conviction Parole Intoxication Lawyers Attorneys

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Atchuthan Sriskandarajah

STATE of Maryland v. Jeffrey Todd SHILLING. STATE of Maryland v. David Wayne LEWIS

Court of Special Appeals of Maryland

May 11, 1988

Facts:

In 1984 defendant one was found guilty of driving while under the influence of alcohol in violation of Md. Code Ann., Trans. 21-902(b). Two years later the trial court found him guilty of driving while intoxication in violation of 21-902(a). In 1981 defendant two was found guilty of driving while intoxicated and four years later he was convicted of a second violation of the same law by the trial court. In both instances the trial court placed defendants on probation before the entry of judgments of convictions. The State sought review of the judgments, which imposed probation before judgment for two defendants charged with

driving while intoxicated

in violation of Md. Code Ann., Trans. 21-902(a). The State alleged that probation was not available for defendants under Md. Ann. Code art. 27, 641(a)(2) because the charges were defendants’ second under Md. Code Ann. 21-902(a) or (b) within four years.

Issue:

Whether the defendants are eligible for parole by virtue of Md. Ann. Code art. 27, 641(a)(2)?

Discussion:

The court denied defendants’ motion to dismiss the State’s appeal. The court held that defendants were not eligible for parole by virtue of Md. Ann. Code art. 27, 641(a)(2) because defendants had previous convictions under Md. Code Ann., Trans. 21-902(a) or (b). The court noted that any combination of convictions under (a) or (b) precluded the entry of probation before judgments on defendants’ second offense. The also vacated the trial court’s orders and remanded the case to the trial court for entry of judgments of convictions against defendants for driving while intoxicated and for sentencing.

Disclaimer:These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia,

Maryland

, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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