Opinion
No. 1870
08-19-2016
ORVILLE BROWN v. STATE OF MARYLAND
UNREPORTED
Meredith, Leahy, Sharer, J. Frederick (Retired, Specially Assigned), JJ. Opinion by Sharer, J. *This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.
In this belated appeal, ordered by the Circuit Court for Prince George's County in response to his petition for post-conviction relief, appellant, Orville Brown, asserts that the circuit court erred in not merging certain of his sentences and convictions following his conviction for possession of marijuana with intent to distribute and lesser, included offenses.
In response, the State concedes that merger is warranted under the facts of this case. We agree.
Therefore, Brown's separate, concurrent, sentence for possession of marijuana should merge with the sentence for possession of marijuana with intent to distribute.
Moreover, Brown's separate convictions for possession of equipment, etc, adapted to produce a controlled dangerous substance, under the facts presented, should merge.
CASE REMANDED TO THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
COSTS ASSESSED TO PRINCE GEORGE'S COUNTY.