Recent Development: Garner v. State: The Unit of Prosecution for Use of a Handgun in the Commission of a Crime of Violence is the Crime of Violence, Not the Victim or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And the Trial Court's One-Year Sentence for the Second Use of a Handgun Conviction Was Illegal

Authors

Ashlyn J. CamposFollow

Abstract

The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by section 4-204 of the Criminal Law Article (“CL”).

Recommended Citation

Campos, Ashlyn J. (2015) "Recent Development: Garner v. State: The Unit of Prosecution for Use of a Handgun in the Commission of a Crime of Violence is the Crime of Violence, Not the Victim or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And the Trial Court's One-Year Sentence for the Second Use of a Handgun Conviction Was Illegal," University of Baltimore Law Forum: Vol. 46: No. 1, Article 6.
Available at: https://scholarworks.law.ubalt.edu/lf/vol46/iss1/6