Smith v. State

EYLER, Judge.

The issue presented by this appeal is whether the post conviction petition filed by appellant, George Smith, was properly dismissed on the ground that it was a second petition and not allowed by virtue of Art. 27, § 645A(a)(2)(i) of the Maryland Code (1957,1996 Repl.Vol.). 1

I

Facts

The facts are not in dispute and, because of the narrow legal issue presented, may be succinctly stated. Appellant was convicted on an Agreed Statement of Facts of theft over $300 on October 19,1988, and was sentenced to ten years imprisonment, five years of which was suspended subject to the successful…