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CRAIG SMITH v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Merger of first-degree assault and attempted first-degree murder

A jury in the Circuit Court for Montgomery County found Craig Smith, appellant, guilty on charges of attempted first-degree murder, first-degree assault, and first-degree burglary. The court sentenced appellant to serve forty years for attempted murder, a concurrent twenty years for assault, and a consecutive twenty years for burglary. In his timely filed appeal, appellant raises two questions for our consideration:

1. Did the circuit court err by failing to comply with Maryland Rule 4-215(e)?

2. Must the sentence for first-degree assault merge into the sentence for attempted first degree murder?

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