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JEREMY ARTHUR GEBHART v. STATE OF MARYLAND

After a jury trial in the Circuit Court for Carroll County, appellant Jeremy Arthur Gebhart was convicted of two counts of second degree assault and one count of resisting arrest. He was sentenced to three concurrent five-year terms of incarceration. This appeal followed.

QUESTIONS PRESENTED

Appellant presents the following four questions for our consideration:

I. Was the evidence insufficient to convict appellant of second degree assault and resisting arrest?

II. Did the trial court err in failing to instruct the jury on all three definitions of assault?

III. Did the trial court err in failing to merge the convictions for assault with the conviction for resisting arrest?

IV. Did the trial court impose an illegal sentence by sentencing appellant to five years for resisting arrest?

We answer the first two questions in the State’s favor and the third question in part for appellant and the fourth question entirely for him.

 

Read the unreported opinion.