McDonald v. State

HOLLANDER, Judge.

This case presents an issue of statutory construction with respect to Md.Code (1957, 1996 Repl.Vol., 2000 Supp.), Art. 27, §§ 441(o) and 445(e)(1). Derrick McDonald, appellant, was convicted by a jury in the Circuit Court for Baltimore City of possession of a handgun while under the age of twenty-one, in violation of Article 27, §§ 445(e)(1). 1 He contends, however, that the age limitation of eighteen, set forth in § 441(o), should have governed his case.

On appeal, McDonald poses two questions:

I. Was appellant, who was 19 years old at the time of his arrest, improperly…