Jones v. State

ADKINS, Judge.

In 1973, the General Assembly enacted § 12-702(b) of the Courts and Judicial Proceedings Art. 1 The statutory lan guage that contains the subsection’s strict limitations on sentence increases in criminal cases was adopted almost verbatim from certain language in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). Briggs v. State, 289 Md. 23, 27-28, 421 A.2d 1369, 1372 (1980); Sweetwine v. State, 288 Md. 199, 214, 421 A.2d 60, 68, cert. denied, 449 U.S. 1017, 101 S.Ct. 579, 66 L.Ed.2d 477 (1980). More recently, the Supreme Court has had second thoughts…