Whack v. State

RAKER, Judge.

Once more we must construe criminal statutes that impose an enhanced penalty on certain offenders. In this appeal we are called upon to determine the meaning of the word “convicted” as it is used in Maryland Code (1957, 1992 Repl.Vol., 1993 Cum.Supp.) Article 27, § 286(c) and § 293.1 Section 286(c) mandates that a defendant who “previously has been convicted” of certain controlled dangerous substances offenses receive a 10-year minimum sentence of imprisonment, without the possibility of parole. Section 293(a) permits a sentence enhancement of twice the term of imprisonment or…