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DONTA TERRY VAUGHN v. STATE OF MARYLAND

Criminal procedure — Double jeopardy — Felony murder

On January 29, 2014, a jury for the Circuit Court of Baltimore City convicted appellant Donta Terry Vaughn of first degree felony murder, false imprisonment, conspiracy to commit false imprisonment, extortion, and conspiracy to commit extortion. He appealed, and we reversed his convictions on the basis that he was advised inadequately as to his waiver of his right to counsel under Maryland Rule 4-215. Upon retrial, appellant filed and argued a pretrial motion to dismiss the felony murder charge.

The court denied the motion, and appellant presents the following questions for our review, which we have rephrased: 1. Did the circuit court err in denying appellant’s motion to dismiss because retrying appellant for felony murder would violate the constitutional prohibition of double jeopardy? 2. Did the circuit court err in denying appellant’s motion to dismiss because retrying appellant for felony murder would deny appellant due process of law?

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