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DUANE JOHNSON, JR. v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — procedural irregularity

On January 3, 2003, in case No. 03-K-02-00044 (the subject case), Duane M. Johnson, Jr. (“Johnson”) and a co-defendant were charged in the Circuit Court for Baltimore County with three counts of armed robbery; three counts of robbery; three counts of first-degree assault; six counts of use of a handgun in the commission of a crime of violence; and three counts of theft.

While the charges in the subject case were pending, Johnson was sentenced in the Circuit Court for Baltimore City to an unsuspended aggregate total of seventeen years’ incarceration, sentences to commence on August 2, 2001. The sentences were imposed after Johnson had pled guilty to nine counts of robbery with a dangerous weapon and other charges.

On March 6, 2003, in the subject case, Johnson was sentenced to ten years incarceration on each of the three armed robbery counts, all sentences to run concurrent, and a consecutive sentence of five years without the possibility of parole for his conviction of use of a handgun in the commission of a crime of violence.

Read the opinion here: