Montone v. State
Court of Appeals of Maryland
1Concurring in the judgmentMurphy, Chief Judge
Upon a fourth conviction of a “crime of violence”, as that term is defined in § 643B(a) of Art. 27, the court must, under subsection (b), impose a life sentence without the possibility of parole in every case where the defendant previously “served three separate terms of confinement in a correctional institution as a result of three separate convic*617tions of any crime of violence.” I agree with the Court, on the facts of this particular case, that Montone’s sentence must be vacated because he had served only two separate periods of actual confinement prior to being convicted a fourth time of a…
2Cases cited2 opinions
- Hawkins v. StateCourt of Appeals of Maryland · 1985
- Creighton v. StateCourt of Special Appeals of Maryland · 1987