Scott v. StateAnnotate this Case
Scott was convicted of attempted robbery with a dangerous weapon, use of a handgun in the commission of a crime of violence, and conspiracy to commit robbery with a dangerous weapon. Md. Code, Crim. Law 14-101(d) provides for an enhanced sentence for a defendant who was convicted of a third crime of violence. The prosecutor offered cited Scott's first-degree assault conviction in Maryland and an aggravated assault conviction in the District of Columbia. The court imposed an enhanced sentence of 25 years for attempted robbery; a consecutive sentence of 10 years for use of a handgun; and a consecutive sentence of 10 years for conspiracy. The Court of Special Appeals vacated the 25-year sentence, concluding that the evidence was insufficient to establish that the D.C. conviction constituted a crime of violence. On remand, Scott argued that the imposition of an enhanced sentence would constitute double jeopardy. The court reimposed the enhanced sentence, with the other sentences to be served consecutively. The Maryland Court of Appeals affirmed. An appellate court's determination that the evidence was insufficient to establish a requisite prior conviction as a basis for an enhanced sentence does not preclude a trial court from determining at resentencing that the prior conviction satisfies the requirement for an enhanced sentence. Where an appellate court vacates a sentence and remands without vacating a consecutive sentence, the trial court may not make the new sentence concurrent with the non-vacated consecutive sentence.