Collins v. State

This is another case addressing sentence enhancement based on prior offenses. In this appeal, we must interpret Md.Code (1957, 1996 Repl.Vol., 2001 Cum.Supp.), Art. 27, § 293, second or subsequent offenses, and Art. 27, § 291A, possession, ownership, transportation, etc., of a firearm, 1 and decide whether a sentence enhancement for repeat drug offenders may be imposed when a defendant is sentenced for a firearms offense that, by definition, can only be committed by prior drug offenders. 2 We shall hold that the Legislature could not have intended to treat a first offense under § 291A as a…