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JOSEPH RUSSELL GEAR v. STATE OF MARYLAND

Criminal procedure — Motion to retain new counsel — Request for postponement

(On remand from the Court of Appeals)

 

Appellant, Joseph Russell Gear, was tried and convicted by a jury in the Circuit Court for Anne Arundel County (Goetzke, J.) of credit card theft, credit card fraud, two counts of rogue and vagabond and three counts of theft of property worth less than $1,000. Appellant’s convictions for credit card theft and credit card fraud were merged, with all but five years suspended for credit card fraud and he was sentenced to ten years of incarceration. He was also sentenced to a concurrent three-year term for rogue and vagabond, a concurrent term of eighteen months for one theft conviction, a suspended three-year term for the second rogue and vagabond conviction, a consecutive, suspended eighteen-month term for the second theft conviction and a concurrent, suspended eighteen-month term for the final theft conviction. The court also imposed a five-year term of probation and ordered appellant to pay $1,976.00 in restitution

. Appellant filed an appeal to this Court in which he raised, inter alia, the question, “Did the lower court err in denying the request for a postponement without following the procedure mandated by Md. Rule 4-215(e)?”

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