State v. Frazier
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The Court of Appeals held that, under the merger rule articulated in State v. Lancaster, 631 A.2d 453 (Md. 1993), offenses and their sentences merge for purposes of sentencing, and therefore, Defendant's convictions for fourth-degree sexual offense and second-degree assault merge, leaving the only permissible punishment the sentence for fourth-degree sexual offense.
Defendant was convicted of second-degree assault and fourth-degree sexual offense and sentenced to ten years' incarceration for the assault count and one year for the sexual offense charge, to run consecutively. The court of special appeals reversed and remanded the case to the circuit court for resentencing, holding that the convictions merged. The Court of Appeals affirmed, holding (1) the offenses of second-degree assault and fourth-degree sexual offense and their sentences merge; and (2) there is no reason to overturn Lancaster.
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