Mauk v. State

MOYLAN, Judge.

The appellant, Eric Joseph Mauk, poses for us a cleverly crafted and deceptively attractive but ultimately meritless double jeopardy issue. On September 20, 1990, he stood trial before a Dorchester County jury on a multi-count indictment. What is here pertinent is that 1) on Count 1, *460charging the possession of marijuana with intent to distribute, there was a hung jury and 2) on Count 2, charging the simple possession of marijuana, the jury returned a verdict of guilty.1 Judge Richard D. Warren declared a mistrial as to Count 1. On September 28, Judge Warren sentenced the…