Middleton v. State

Following a bench trial in the Circuit Court for Baltimore City, Daquan Middleton, appellant, was found guilty of robbery, conspiracy to commit robbery, and first-degree assault. The court imposed a sentence of thirteen years' imprisonment for first-degree assault; a four-year suspended sentence for robbery, consecutive to that for the assault; and a four-year suspended sentence for conspiracy to commit robbery, concurrent with that for the assault.

First-degree assault was not expressly charged in the indictment. Middleton asserts that it is also not a lesser-included offense of any charge…