Opinion
[No. 57, September Term, 1983.]
Decided August 9, 1983.
Certiorari to the Court of Special Appeals. (Criminal Court of Baltimore, Pines, J.).
Cause was submitted to MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.
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.