Cunningham v. State

McAULIFFE, Judge.

On 28 January 1987, Alvin Cunningham simultaneously possessed, in a single bag, separate quantities of heroin and cocaine. 1 The surrounding circumstances were sufficient to support a finding that Cunningham possessed these controlled dangerous substances with the intent to distribute them. The question presented here is whether Cunningham may be convicted and sentenced for two offenses under Maryland Code (1957, 1987 Repl.Vol.) Art. 27, § 286(a)(1). The resolution of this question depends upon the unit of prosecution intended by the General Assembly.

Cunningham was prosecuted…