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WILLIAM MOYE, III v. STATE OF MARYLAND

After a court trial in the Circuit Court for Allegany County, William Moye, III, appellant, was convicted of possession with intent to distribute cocaine and possession of cocaine. He was sentenced to incarceration for a term of fifteen years, ten of which were mandatory, for possession with intent to distribute cocaine, and a consecutive term of five years for possession of cocaine. This timely appeal followed.

QUESTIONS PRESENTED

Appellant presents the following two questions for our consideration:

I. Was the evidence sufficient to sustain appellant’s convictions?

II. Did the trial court err in failing to merge the conviction for possession of cocaine into the conviction for possession with intent to distribute cocaine?

For the reasons set forth below, we shall hold that appellant’s conviction for possession of cocaine must merge into his conviction for possession with intent to distribute cocaine. In all other respects, we shall affirm.

Read the unreported opinion.