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DANA SYLVESTER WHITLEY v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Rule of lenity

In 1998, following a jury trial in the Circuit Court for Baltimore County, Dana Sylvester Whitley, appellant, was convicted of the attempted second-degree murder of David Johnson and the attempted second-degree murder of Keith Downing. Whitley was sentenced to twenty years’ imprisonment for each conviction, with the sentences ordered to run consecutively. This Court affirmed the judgments. Whitley v. State, No. 1427, September Term, 1998 (filed March 21, 2000).

In 2016, Whitley filed a motion to correct an illegal sentence pursuant to Md. Rule 4-345(a), in which he asserted that his sentences should have merged under the rule of lenity. The circuit court denied the motion. Whitley appeals.

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