Garner v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of, among other charges, attempted first-degree murder, attempted robbery with a dangerous weapon, and two convictions for use of a handgun in the commission of a crime of violence. The Court of Special Appeals affirmed, concluding (1) the circuit court correctly sentenced Defendant to separate consecutive sentences for the two convictions for use of a handgun in the commission of a crime of violence, and (2) the sentence was not illegal even where the sentencing court was required to impose a minimum sentence of five years’ imprisonment but only imposed a one-year sentence in this case. The Court of Appeals affirmed in part and reversed in part, holding (1) imposition of separate consecutive sentences for two convictions of use of a handgun in the commission of a crime of violence or any felony is permissible where a defendant uses one handgun to commit two separate crimes of violence or felonies against one victim in one criminal action; and (2) this case should be remanded for re-sentencing because the trial court did not impose a sentence that was consistent with Md. Code Ann. Crim. Law 4-204.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.