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LARRY GILBERT V. STATE OF MARYLAND

Criminal procedure — Illegal sentence — Separate sentences for reckless endangerment and assault

A jury in the Circuit Court for Prince George’s County convicted appellant Larry Gilbert of second-degree assault, second-degree assault on a law enforcement officer, fleeing and eluding, and reckless endangerment, but acquitted him of first-degree assault. The court sentenced Gilbert to ten years of imprisonment, with all but four years suspended, for second-degree assault on a law enforcement officer; two consecutive years of imprisonment for fleeing and eluding; and four concurrent years of imprisonment for reckless endangerment.

For sentencing purposes, the court merged the conviction for second-degree assault into the conviction for second-degree assault on a law enforcement officer. The court, however, did not merge the conviction for reckless endangerment into the conviction for second-degree assault on a law enforcement officer. Thereafter, Gilbert noted this timely appeal.

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