State v. Ferrell

ELDRIDGE, Judge.

The issue in this case is whether a defendant’s prosecution for use of a handgun in the commission of a felony or crime of violence is barred, under double jeopardy principles, by the defendant’s prior conviction of armed robbery, where both prosecutions were based on the same act of robbery with a handgun.

The facts, taken largely from the parties’ “Agreed Statement of Facts” under Maryland Rule 828 g, are as follows. The respondent, Raist Vernon Ferrell, was a participant in the robbery of Samuel Smith and others, on December 30, 1984, at an elementary school playground in…