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Criminal procedure — Erroneous conviction — Fourth-degree burglary

Following a bench trial in the Circuit Court for Worcester County , appellant , Shannon Lee Hilton , was convicted of second-degree burglary, fourth-degree burglary, and theft of property with a value less than $1,000. The trial court sentenced appellant to a prison term of seven years, suspending all but 18 months, on the second-degree burglary charge , merging the remaining convictions therein for sentencing purposes. The court further ordered him to pay $600 in restitution to the victim of the burglary.

Appellant thereafter filed a timely notice of appeal. Appellant presents the following questions for our consideration:

1. Did the trial judge violate Md. Crim. L. Code Ann., §6-250(f) when he found Mr. Hilton guilty of fourth-degree burglary in addition to theft?

2. Does the restitution order in the amount of $600 constitute an illegal sentence?

3. Did the trial judge commit plain error by failing to provide defense counsel with an opportunity to make a closing argument?

Read the opinion here: