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Cruz-Quintanilla v. State

Court of Special Appeals of Maryland

May 31, 2016

OSCAR CRUZ-QUINTANILLA
v.
STATE OF MARYLAND

         No. 1505, Sept. Term, 2014. Appeal from the Circuit Court for Prince George's County. Toni E. Clarke, Judge.

         Submitted by: Gregory W. Gardner (Law Office of Gregory W. Gardner, PLLC on the brief) all of Washington, D.C. for Appellant.

         Submitted by: Ryan Dietrich (Brian E. Frosh, Attorney General on the brief) all of Baltimore, MD for Appellee.

          Krauser, C.J., Nazarian, Thieme, Raymond G., Jr. (Retired, Specially Assigned), JJ.

          OPINION

Page 275

          [228 Md.App. 66] Thieme, J.

         A jury in the Circuit Court for Prince George's County found appellant, Oscar Cruz-Quintanilla, guilty of reckless endangerment, wearing and carrying a handgun, and conspiracy to commit robbery with a dangerous weapon. The court sentenced appellant to concurrent three year prison terms for the reckless endangerment and the handgun counts. As to the robbery count, he was sentenced to 20 years with all but nine years suspended, to run consecutive to the reckless endangerment and handgun sentences. Upon release, appellant must serve five years of supervised probation, with a condition that he not be involved in any gang activity or be a member of any gang.

         Appellant presents the following issue on appeal, which we have rephrased:[1]

[228 Md.App. 67] Whether the circuit court erred during sentencing in permitting expert testimony

Page 276

regarding appellant's gang membership.

         Finding no error, we affirm.

         SENTENCING HEARING[2]

         Appellant contends that the evidence at sentencing regarding his gang membership was improper since his convictions were completely unrelated to that membership and his convictions were not linked to any bad acts on behalf of the gang. The State responds that the evidence of appellant's gang membership was a proper consideration in the formulation of his sentence as the ...


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