State v. BeyAnnotate this Case
After a jury trial, Defendant was convicted on seventeen various counts, resulting in a cumulative sentence of 390 years imprisonment. The Court of Special Appeals affirmed Defendant’s convictions but vacated his sentences, determining that Md. Code Ann., Crim. Law 3-315 prohibits multiple convictions and sentences per victim, regardless of the duration of the abuse or the type of sexual acts committed. The Court of Appeals affirmed, holding (1) the plain language of the statute prohibits a defendant from being convicted and sentenced for each type of prohibited sexual act as a separate unit of prosecution; and (2) the statute is ambiguous regarding whether a defendant may be convicted and sentenced for multiple uninterrupted ninety-day minimum intervals of a continuing course of conduct, and therefore, the rule of lenity applies to bar multiple punishments.