Offenses Merge Theory Cases

Transcription

1 Offenses Merge Theory Cases Attempted Robbery merges into Felony Murder Robbery w/ deadly weapon merges into Felony Murder Attempted Robbery w/ dangerous & deadly weapon merges into Felony Murder Battery merges into Felony Murder Robbery merges into Armed Robbery Assault merges into Assault w/ intent to rob. Yes Blockburger Newton v. State, 280 Md. 260, White v. State, 300 Md. 719, Yes Blockburger Humphrey v. State 39 Md. App. 484, Carlton v. State, 111 Md. App. 436, Frye v. State, 37 Md. App. 476 Yes Blockburger Higginbotham v. State 104 Md. App. 145 Yes Blockburger Oliver v. State, 53 Md. App. 490 Yes Blockburger Gerald v. State 299 Md. 138, Sweetwine v. State 42 Md. App. 1, Souffie v. State 50 Md. App. 547, Thompson v. State, 119 Md. App. 606 Yes Blockburger Simms v. State 288 Md. 712, Manigualt v. State, 61 Md. App. 271 Assault merges into Robbery Yes Blockburger Snowden v. State 321 Md st Degree Assault merges into Robbery Yes Blockburger Gerald v. State, 137 Md. App st Degree Assault merges into Armed robbery Yes Blockburger Thompson v. State, 119 Md. App. 606 Felony Theft merges into Yes Lenity Spitzinger v. State, 340 Md. 114 Robbery Attempted Robbery merges Yes Blockburger State v. Taylor 329 Md. 671 into Assault w/ intent to rob Assault w/ intent to Rob Yes Blockburger Rose v. State 37 Md. App. 388 merged into Robbery Robbery w/ deadly weapon and Use of handgun in commission of a crime of violence Couplin v. State 37 Md. App. 567 Assault w/ intent to rob and Attempted Robbery w/ deadly weapon Assault w/ intent to murder and Attempted Armed Robbery Conspiracy to rob and Attempted Robbery w/ dangerous weapon Wearing or Carrying concealed weapon w/ intent to injure and Irby v. State, 66 Md. App. 580 Johnson v. State, 56 Md. App. 205 Wooten-Bey v. State, 76 Md. App. 603 Selby v. State, 76 Md. App. 201

2 Robbery w/ dang. or deadly weapon Robbery w/ a dang. and deadly weapon and Use of a handgun in commission of a felony Robbery w/ dang. and deadly weapon and Premeditated 1 st Degree Murder Carrying dangerous Weapon w/ intent to injure merges into Robbery w/ dangerous weapon Whack v. State, 288 Md. 137, Stevenson v. State, 43 Md. App. 120 Frye v. State, 37 Md. App. 476 Yes Lenity Somers v. State, 156 Md. App. 279 Battery merges into Robbery Yes Blockburger Snowden v. State 321 Md. 612, Adams v. State, 86 Md. App. 377 Battery merges into Murder Yes Blockburger Souffie v. State 50 Md. App. 547 Battery merges into Rape Yes Blockburger Dyson v. State 89, Md. App. 651 Assault by threat does not merge into battery Battery merges into False Imprisonment Battery merges into 4 th Degree Sex Offense Lamb v. State 93 Md. App. 422 Yes Blockburger Lamb v. State 93 Md. App. 422 Yes Blockburger Cortez v. State, 104 Md. App. 358 Battery merges into 3 rd Degree Yes Blockburger Biggus v. State, 323 Md. 339 Battery merges into Assault w/ intent to prevent lawful Yes Blockburger Claggett v. State, 108 Md. App. 32 apprehension Battery merges into Affray Yes Blockburger Lewis v. State, 289 Md. 1 Theft over $300 merges into Robbery Yes Lenity Jackson v. State, 141 Md. App. 175 Theft over $300 merges into Robbery w/ deadly weapon Yes Lenity Bellamy v. State, 119 Md. App. 296 Misdemeanor Theft merges into Felony theft. Yes Blockburger Younger v. State, 94 Md. App. 644 Theft merges into storehouse breaking and stealing Yes Blockburger Goines v. State 89 Md. App. 104, Warfield v. State, 76 Md. App. 141 Theft does not merge into Legislative Price v. State, 111 Md. App. 487 carjacking Intent False pretenses merges into Yes Blockburger Johnson v. State, 283 Md. 196 Welfare Fraud Assault merges into Affray Yes Blockburger Lewis v. State, 289 Md. 1 1 st Degree Assault merged into Yes Blockburger Sifrit v. State 383 Md nd Degree Murder 2 nd Degree assault merges into Yes Blockburger Cooper v. State, 128 Md. App.

3 Resisting Arrest 257 Simple assault merges into Assault w/ intent to maim Yes Blockburger Johnson v. State 310 Md. 681, Jenkins v. State 59 Md. App. 612 Assault by threat does not Lamb v. State 93 Md. App. 422 merge into battery Assault merges into 2 nd degree Rape Yes Blockburger State v. Allewalt 308 Md. 89, Dyson v. State 89, Md. App. 651 Assault merges into attempted Yes Blockburger Walker v. State 53 Md. App. 171 rape when the assault is also the overt act of the attempt Assault w/ intent to murder and Brooks v. State, 284 Md. 416 carrying a weapon openly w/ intent to injure Battery merges into Assault w/ intent to prevent lawful Yes Blockburger Claggett v. State, 108 Md. App. 32 apprehension 3 rd degree and Dillsworth v. State 308 Md. 354 assault w/ intent to maim Assault w/ intent to maim Yes Lenity State v. Jenkins 307 Md. 501 merges into Assault w/ intent to murder 1 st Degree Assault (when intentionally causing or attempting to cause serious physical injury) merges into attempted voluntary Yes Blockburger Dixon v. State, 364 Md. 209 manslaughter Reckless Endangerment merges into Assault w/ intent to maim Larceny merges into Shoplifting Unlawful taking of Motor Vehicle merges into Theft under $300 Fraudulent misappropriation by fiduciary merges into theft over $300 Unauthorized Use merges into Theft over $500 Embezzlement by fiduciary merges into theft by deception Possession of Marijuana merges into Possession w/ intent to distribute marijuana Yes Blockburger Williams v. State, 100 Md. App. 468 Yes Blockburger Slye v. State 42 Md. App. 520 Yes Lenity McGrath v. State, 356 Md. 20 Yes Lenity White v. State, 100 Md. App. 1 Yes Blockburger Allen v. State, 157 Md. App. 177 Yes Lenity State v. Burroughs 333 Md. 614 Yes Blockburger Mauk v. State, 91 Md. App. 456 Possession w/ intent to Yes Blockburger Hankins v. State, 80 Md. App.

4 distribute merges into distribution Possession w/ intent to distribute merges into Possession w/ intent to distribute 28 grams Unlawful Distribution of LSD merged into Distribution of 1,000 dosage units of LSD Conspiracy to distribute cocaine and Possession w/ intent to distribute cocaine Possession w/ intent to distribute CDS and Manufacturing CDS Conspiracy to distribute cocaine and Distribution of Cocaine Manufacturing drugs and possessing drugs sufficient to indicate manufacture or dispensing, and making it unlawful to maintain premises to use, make or store drugs. Use of firearm in relation to drug trafficking and Wear/Carry/Transport handgun False Imprisonment merges into Rape Unnatural or perverted sexual practice merges w/ 4 th degree 1 st Degree Burglary merges into 1 st Degree Attempted Rape 647, Manuel v. State 85 Md. App. 1, Hawkins v. State, 77 Md. App. 338 Yes Blockburger Simpson v. State, 121 Md. App. 263 Yes Blockburger Anderson v. State, 89 Md. App. 712 Wadlow v. State 335 Md. 122 Spiering v. State 58 Md. App. 1 Murray v. State, 89 Md. App. 626, Harris v. State, 82 Md. App. 450, Cooper v. State, 128 Md. App. 257 Baldwin v. State, 56 Md. App. 529 Johnson v. State, 154 Md. App. 286 Yes Blockburger Testerman v. State, 61 Md. App. 257 Yes Blockburger State v. Lancaster 332 Md. 385 Yes Blockburger Utter v. State, 139 Md. App. 43 Battery merges into Rape Yes Blockburger Dyson v. State 89, Md. App. 651 Battery merges into 3 rd Degree Yes Blockburger Biggus v. State, 323 Md. 339 Battery merges into 4 th Degree Sex Offense Yes Blockburger Cortez v. State, 104 Md. App rd degree and Dillsworth v. State 308 Md. 354 assault w/ intent to maim 4 th Degree Burglary and 2 nd Fenwick v. State, 135 Md. App.

5 Degree Rape 167 Carrying dangerous weapon Biggus v. State, 323 Md. 339 and 3 rd Degree Sex Offense Carring weapon openly w/ Nance v. State, 77 Md. App. 259 intent to injure and 1 st Degree Rape and 1 st Degree Sex Offense 2 nd Degree Rape and Incest Smith v. State, 62 Md. App. 670 Carrying weapon openly w/ intent to injure and 2 nd Degree Burkett v. State, 98 Md. App. 459 Assault merges into 2 nd degree Rape Yes Blockburger State v. Allewalt 308 Md. 89, Dyson v. State 89, Md. App. 651 Child Abuse and any Legislative Rutherford v. State, 2004 WL underlying sexual offenses Assault merges into attempted rape when the assault is also the overt act of the attempt Rape and Sex offense and Child Abuse Use of firearm in relation to drug trafficking and Wear/Carry/Transport handgun Unlawfully carrying handgun and Poss. of handgun by one previously convicted of crime of violence Robbery w/ a dang. and deadly weapon and Use of a handgun in commission of a felony Assault w/ intent to murder and Assault w/ intent to avoid apprehension merge into attempted murder Assault w/ intent to murder merges into attempted 2 nd Degree Murder Assault w/ intent to Murder merges into Attempted Murder Assault w/ intent to Murder and Attempted 1 st Degree Murder 1 st Degree Murder and Use of Handgun in commission of crime of violence Intent (Md. App.) Yes Blockburger Walker v. State 53 Md. App. 171 Rutherford v. State, 2004 WL Johnson v. State, 154 Md. App. 286 Johnson v. State, 67 Md. App. 347 Whack v. State, 288 Md. 137, Stevenson v. State, 43 Md. App. 120 Yes Lenity Green v. State, 79 Md. App. 506 Yes Lenity Smallwood v. State, 106 Md. App. 1 Yes Lenity Williams v. State, 323 Md. 312 t under Blockburger (see Green, Williams, above) Brown v. State, 80 Md. App. 187, State v. Holmes 310 Md. 260 Robeson v. State 39 Md. App. 365

6 Use of handgun in crime of violence and Kidnapping Godwin v. State 41 Md. App. 233 Use of handgun in crime of violence and Murder Godwin v. State 41 Md. App. 233 Unauthorized use of handgun White v. State, 300 Md. 719 and murder Carrying handgun and Frazier v. State 318 Md. 597 Possessing revolver after being convicted of crime of violence Assault w/ intent to murder and Brooks v. State, 284 Md. 416 Carrying a weapon openly w/ intent to injure Carrying and Wearing a handgun merges into Use of Yes Lenity Tilghman v. State, 117 Md. App. 542 handgun in commission of crime of violence Unlawfully Yes Lenity Hunt v. State, 312 Md. 494 wearing/carrying/transporting a handgun merges into use of a handgun in the commission of a crime of violence Wearing or carrying a handgun Yes Blockburger Wilkins v. State 343 Md. 444 merges into Using handgun in commission of felony Wearing or Carrying concealed Selby v. State, 76 Md. App. 201 weapon w/ intent to injure and Robbery w/ dang. or deadly weapon Robbery w/ deadly weapon and Use of handgun in Couplin v. State 37 Md. App. 567 commission of a crime of violence Carrying dangerous Weapon w/ intent to injure merges into Yes Lenity Somers v. State, 156 Md. App. 279 Robbery w/ dangerous weapon Carrying weapon openly w/ intent to injure and 2 nd Degree Burkett v. State, 98 Md. App. 459 Carring weapon openly w/ Nance v. State, 77 Md. App. 259 intent to injure and 1 st Degree Rape and 1 st Degree Sex Offense Child detention outside state Yes Blockburger Khalifa v. State, 382 Md. 400 merges into Child detention outside U.S. Child Abuse merges into Yes Lenity White v. State, 318 Md. 740

7 murder. Child Abduction and Child Detention Conspiracy to Child detention and Child detention Child Abuse and any underlying sexual offenses 3 rd Degree merges into Child abuse when child abuse consists of child sexual abuse Khalifa v. State, 382 Md. 400 Khalifa v. State, 382 Md. 400 Yes (at the time, see Rutherford, above) Legislative Rutherford v. State, 2004 WL Intent (Md. App.) Blockburger Vogel v. State 76 Md. App. 56 Child Abuse and Battery Campbell v. State 65 Md. App nd Degree Murder merges into 1 st Degree Murder Yes Blockburger Moore v. State 84, Md. App. 165, Harris v. State, 862 A.2d 1 st Degree Assault (when using a firearm) merges into 1 st Degree Murder 1 st Degree Assault merged into 2 nd Degree Murder 1 st Degree Assault (when intentionally causing or attempting to cause serious physical injury) merges into attempted voluntary manslaughter Assault w/ intent to murder and carrying a weapon openly w/ intent to injure Solicitation of murder merges into Accessory before the fact to murder Kidnapping and 1 st Degree Murder (when evidence of willfulness deliberation and premediatation was presented) 1 st Degree Assault merged into 2 nd Degree Murder Use of handgun in crime of violence and Murder 1 st Degree Murder and Use of Handgun in commission of crime of violence Engaging in Speed Contest merges into Reckless Driving 516 Yes Lenity Jenkins v. State, 146 Md. App. 83 Yes Blockburger Sifrit v. State 383 Md. 116 Yes Blockburger Dixon v. State, 364 Md. 209 Brooks v. State, 284 Md. 416 Yes Blockburger Lewis v. State, 285 Md. 705 Godwin v. State 38 Md. App. 716 Yes Blockburger Sifrit v. State 383 Md. 116 Godwin v. State 41 Md. App. 233 Robeson v. State 39 Md. App. 365 Yes Blockburger Pineta v. State, 98 Md. App. 614

8 Reckless Driving merges into Manslaughter by automobile Driving with suspended license and Driving w/ revoked license (when arising from single incident) Speeding and Engaging in speeding contest Aggressive panhandling merges into battery (local ordinance always merges into state statute) 1 st Degree Arson and Reckless Endangerment Reckless Endangerment merges into Assault w/ intent to maim Disorderly conduct merges into Affray Solicitation merges into Conspiracy Multiple Conspiracies merge together (only one sentence can be imposed for common law conspiracy no matter how many criminal acts the conspirators have agreed to commit; unit of prosecution is the agreement or combination rather than each of its criminal objectives) Conspiracy to rob and Attempted Robbery w/ dangerous weapon Conspiracy to Child detention and Child detention Separate solicitations don t merge if there are separate incitements. Solicitation of murder merges into Accessory before the fact to murder Yes Blockburger Pineta v. State, 98 Md. App. 614 Yes Lenity Jones v. State 357 Md. 141 Pineta v. State, 98 Md. App. 614 Yes Lenity Miles v. State, 349 Md. 215 Holbrook v. State, 364 Md. 354 Yes Blockburger Williams v. State, 100 Md. App. 468 Yes Blockburger Lewis v. State, 289 Md. 1 Yes Fundamental Fairness Monoker v. State, 321 Md. 214 Yes Allen v. State 89 Md. App. 25, Simpson v. State, 121 Md. App. 263, Holt v. State, 129 Md. App. 194, Vandegrift v. State 82 Md. App. 617 Wooten-Bey v. State, 76 Md. App. 603 Khalifa v. State, 382 Md. 400 Meyer v. State, 47 Md. App. 679 Yes Blockburger Lewis v. State, 285 Md. 705