Court of Appeals of Maryland September 23, 2004, 132 Sept. Term 2003 (Deville v. State)

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United States · · · 23-09-2004

BATTAGLIA, Judge,

dissenting.

I respectfully dissent.

Because I would affirm the Court of Special Appeals’ rationale to equate Deville’s confinement in home detention1 to *233confinement in a correctional institution for purposes of applying the enhanced penalty statute under Section 286(d), I respectfully dissent.

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