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SILVERIO AZAMAR-CASTRO v. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Merger of sexual abuse and sexual offense

In 2011, a jury, in the Circuit Court for Montgomery County, convicted Silverio Azamar-Castro, appellant, of one count of sexual abuse of a minor (Count 1), one count of second-degree sexual offense (Count 2), and two counts of third-degree sexual offense (Counts 3 and 4). Azamar-Castro was sentenced to a term of 25 years’ imprisonment on Count 1; a consecutive term of 15 years’ imprisonment on Count 2; a consecutive term of ten years’ imprisonment on Count 3; and, a consecutive term of ten years’ imprisonment on Count 4. In 2017, Azamar-Castro filed a motion to correct an illegal sentence, arguing that his conviction of second-degree sexual offense and his two convictions of third-degree sexual offense should have merged for sentencing purposes into his conviction of sexual abuse of a minor.

The circuit court denied the motion without a hearing. In this appeal, Azamar-Castro contends that the circuit court erred in denying his motion.

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