Biggus v. State

ELDRIDGE, Judge.

Maryland Code (1957, 1987 Repl.Vol., 1990 Cum.Supp.), Art. 27, § 464B, creates the crime or crimes of “third degree sexual offense.” The statute sets forth six different types of activities which constitute “third degree sexual offense.” The same conduct of the defendant in this criminal case fell within two of the six types of activities proscribed by § 464B. The trial court, being of the view that each type of activity constituted a separate and distinct crime, imposed the maximum ten-year prison sentence under the statute for each type of activity and made the sentences…