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TON THOMAS v. STATE OF MARYLAND

Appellant, Ton Thomas, was convicted in the Circuit Court for Baltimore City of one count of conspiracy to write, sign or possess a counterfeit liquor license; three counts of continuing scheme to steal goods valued over $500, two counts of writing fraudulent checks, and one count of conspiracy to commit a continuing scheme to steal goods valued over $500. Appellant was sentenced to eight years’ incarceration for conspiracy to write, sign or possess a counterfeit liquor license, and to fifteen years’ incarceration to be served consecutively for theft of goods valued over $500. The remaining sentences, a combination of consecutive and concurrent ten-yearsentences, were suspended in favor of five years of supervised probation.

This case originally involved two indictments, the first containing twenty-five counts involving multiple victims, the second containing seven counts. Prior to trial, appellant moved to sever the two indictments and also to sever the twenty-five count indictment by victim. The court granted the motion to sever the two indictments, but denied appellant the opportunity to sever the twenty-five count indictment into separate cases by victim.

Appellant presents two questions for our review, which we have re-cast:

1. Did the trial court err in denying the motion to sever?

2.Did the trial court err in sentencing appellant on two different counts of conspiracy?

View the full opinion here.