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TRAVIS LEE v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Merger of sex offenses

After a trial held in the Circuit Court for Prince George’s County, appellant Travis Lee was convicted of sexual abuse of a minor, five counts of second-degree sex offense, and four counts of third-degree sex offense, among other charges, relating to the abuse of his 10-year-old cousin on June 1, 2013. The court sentenced Lee to 125 years in prison on August 8, 2014.

Lee appealed on August 13, 2014, and presents four questions for our review:

I. “Did the trial court err in overruling Lee’s objection and thus allowing the State to misrepresent the expert testimony concerning the DNA evidence?”

II. “Should the two convictions and sentences for second-degree sex offense based on anal and vaginal digital penetration be vacated because they are unlawful under the instructions given by the court and accepted by the State?”

III. “Does the sentence for sodomy merge into the sentence for second-degree sex offense based on anal intercourse?”

IV. “Did the trial court err in preventing Lee from asking the alleged victim’s mother about a recent incident of sexual abuse of the alleged victim on the school bus for the purpose of establishing another possible source of the alleged victim’s knowledge of the types of acts she alleged Lee committed against her?”

Read the opinion here: