Gargliano v. State

RAKER, Judge.

In this appeal we are again called upon to construe a criminal statute which requires the imposition of an enhanced penalty on certain repeat offenders. Maryland Code (1957, 1992 Repl.Vol.) Article 27, § 286(c) of the controlled dangerous substances laws provides that a defendant who “previously has been convicted” of a similar offense is subject to a sentence of not less than ten years imprisonment. We are asked here to determine whether the enhanced penalty mandated by § 286(c) 1 is triggered when a defendant is convicted of a prior offense after the commission of, but before…