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Johnson v. State

Court of Special Appeals of Maryland

September 5, 2013

MARK JOHNSON
v.
STATE OF MARYLAND

Wright, Matricciani, Rodowsky, Lawrence F. (Retired, Specially Assigned), JJ.

OPINION

Matricciani, J.

On September 11, 2007, appellant was tried on charges stemming from his high speed chase and apprehension by Baltimore City police, and he was later sentenced to a total of fifteen years' incarceration comprised of two major parts: three five-year sentences for illegal possession of a regulated firearm, with each term to be served consecutively; and three sentences of three years for wearing, carrying or transporting a handgun, with each to be served concurrently with the related charge for illegal possession of a regulated firearm.[1] Each of these charges related to one of three different firearms found in appellant's possession: a .357 Magnum handgun, a .40 caliber handgun, and a .44 Special handgun. Appellant appealed to this Court and we reversed appellant's convictions for possession of a regulated firearm relating to the .40 caliber and .44 Special handguns. Johnson v. State, Sept. Term 2007, No. 1736, slip op. at 19 (filed March 18, 2009) ("Johnson I"). Our mandate read:

JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE CITY AFFIRMED IN PART AND REVERSED IN PART. JUDGMENTS REVERSED AS TO APPELLANT'S CONVICTIONS FOR POSSESSION OF A REGULATED FIREARM BY A PROHIBITED PERSON RELATING TO THE 40 CALIBER AND 44 SPECIAL AND CASE REMANDED TO CIRCUIT COURT FOR RE-SENTENCING ON CONVICTIONS FOR POSSESSION OF A HANDGUN IN A VEHICLE WHICH WERE MADE CONCURRENT TO THE CONVICTIONS HEREIN REVERSED.

Johnson I, slip op. at 19.

On remand, the circuit court resentenced appellant on possession of a regulated firearm by a prohibited person and the two counts of wearing, carrying or transporting a handgun which originally ran concurrent to the vacated convictions from Johnson I. The decision was again appealed and on August 19, 2011, we vacated appellant's sentences for wearing, carrying, or transporting a handgun and remanded for resentencing in accordance with the mandate from Johnson I. Johnson v. State, Sept. Term 2009, No. 1743, slip op. at 7-8 (filed August 19, 2011) ("Johnson II").

On February 7, 2012, the circuit court held a second resentencing and pronounced the following modified terms, [2] totaling nine years:

So as to Count 1 in the indictment ending in 105196022, [3] the sentence is three years to the Division of Correction to run consecutively to Count 1 of the indictment 105196021.[4] The sentence as to Count l of 105196023[5] is three years to the Division of Correction to run consecutively to Count I of the indictments ending in 21 and 22.

It is from this second resentencing that appellant filed the present appeal, raising two questions, which we quote:

1. Did the trial court illegally increase Appellant's sentences for two counts of wear, carry, or transport of a handgun?
2. Did the trial court err in failing to give Mr. Johnson credit against his new three year sentences for wear, carry, or transport of a handgun for the full three years that he [had] already served starting from September 10, 2007?

For the reasons set forth below, we answer no to both questions and we affirm the judgments of the Circuit Court for Baltimore City.

Discussion


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