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eBook details

• Title: Stern v. Stern
• Author : Court of Special Appeals of Maryland
• Release Date : January 05, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The defendant in this criminal case was found guilty of a fourth degree sexual offense under Maryland Code (1957, 1992 Repl. Vol.), Art. 27, § 464C(a)(2), which prohibits, inter alia, engaging in fellatio "with another person who is 14 or 15 years of age and the person performing the sexual act is four or more years older than the other person." Based upon the same acts of fellatio, the defendant was also found guilty of committing an oral sex act in violation of Art. 27, § 554, which makes it unlawful, inter alia, for a person to take "into his or her mouth the sexual organ of any other person. .. ." The defendant received separate sentences on each of the guilty verdicts. The Court of Special Appeals, however, held that the § 554 offense charged in this case contained no elements which were not also contained in the § 464C(a)(2) offense and that, therefore, the § 554 offense was an included offense which, for sentencing purposes, merged into the § 464C(a)(2) offense. Consequently, the Court of Special Appeals vacated the sentence imposed for the violation of § 554. We granted the States petition for a writ of certiorari to consider the States argument that the § 554 offense charged in this case has a distinct element not found in the § 464C(a)(2) offense and that, for this reason, the § 554 offense is not included within the § 464C(a)(2) offense and therefore does not under Maryland law merge into the § 464C(a)(2) offense.

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