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Maryland v. Wadlow9/4/1992
Opinion by Bloom, J.
Lauren Marie Wadlow was indicted (First Count) for possession of cocaine "in sufficient quantity to reasonably indicate under all circumstances an intent to distribute" the same, "to wit: over 448 grams of cocaine, in violation of Article 27, section 286(a)(1) of the Annotated Code of Maryland" (possession with intent to distribute); (Second Count) for possession of cocaine, in violation of Article 27, section 287(a) of the Annotated Code of Maryland; (Third Count) conspiracy to distribute "a controlled dangerous substance, to wit: cocaine, in excess of 448 grams, in violation of the Common Law"; and (Fourth and Fifth Counts) for distribution of cocaine. A jury in the Circuit Court for Montgomery County convicted Ms. Wadlow on the first three counts; the Fourth and Fifth Counts were nolle prossed. On 9 October 1991, the court, merging the conviction on the Second Count into the conviction on the First Count, imposed consecutive prison sentences of four years on the First Count and one year on the Third Count but suspended the one year sentence in favor of a period of supervised probation to begin upon her release from prison.
The State, contending that the court had imposed an illegal sentence in that a minimum sentence of five years without parole was statutorily mandated, noted an appeal on 10 October 1991. After noting its appeal, the State filed a motion, on 15 October 1991, to correct the "illegal sentence." Ms. Wadlow noted a cross-appeal on 8 November 1991. On 18 November 1991, the court, accepting the State's assertion, or concession, that the imposition of a separate sentence on the Third Count (conspiracy charge) was illegal because the conviction on the Third Count necessarily merged into the conviction on the First Count, "corrected" the sentence(s) by striking out the one year sentence but imposing a five year sentence on the First Count. When the prosecuting attorney asked whether that sentence was imposed "pursuant to 286(f)" [Art. 27, § 286(f) of the Maryland Code (1957, 1992 Repl. Vol.) (which mandates a minimum sentence of five years imprisonment without parole for distribution or possession with intent to distribute cocaine if the amount of cocaine involved is 448 grams or more), the trial judge responded, prophetically:
No, that is it. That is all I am saying. The Court of Special Appeals will wrestle with this one. Not too hard, but they will wrestle with it.
The issue raised by the State on its appeal, taken pursuant to § 12-302(c)(2) of the Courts and Judicial Proceedings Article of the Maryland Code (1989 Repl. Vol.), is whether the trial judge erred in failing to impose a penalty mandated by statute. In her cross-appeal, Ms. Wadlow contends:
1. That the trial court erred in denying her motion to suppress "because the search warrant was based upon stale and remote 'information' and upon an illegal search."
2. That she was denied a fair trial by the State's failure to provide adequate discovery and its suppression of fingerprint evidence, and by the admission of prejudicial testimony of Detective Mancuso.
3. That there was insufficient evidence either to connect her and the drugs seized from her co-defendant or to prove an agreement between the two of them to distribute CDS.
4. That the trial court erred in refusing her requested jury instruction.
I
We shall dispose of Ms. Wadlow's contentions prior to addressing the issue raised by the State. Before we reach any of those contentions, however
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