Jones v. State
Annotate this CasePetitioner Troy Jones was convicted of unlawful possession of a regulated firearm after having been convicted of a felony, pursuant to Md. Code Ann., Pub. Safety, 5-133(b). Jones appealed, arguing in the alternative that (1) Section 5-133(b) does not contain a penalty provision and that the penalty provisions in Md. Code Ann., Pub. Safety, 5-133(c) and 5-143 do not apply; and (2) an out-of-state conviction cannot serve as a predicate conviction for a violation of Section 5-133(b) and that the trial judge erred in imposing a mandatory minimum five-year sentence for the violation. The court of special appeals affirmed. The Court of Appeals affirmed in part and reversed in part, holding that (1) Section 5-143 serves as the penalty provision for a violation of Section 5-133(b); (2) an out-of-state conviction can serve as a predicate conviction for purposes of Section 5-133(b); and (3) the trial judge erred in imposing a mandatory five-year sentence for a violation of Section 5-133(b). Remanded for new sentencing.
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