Prior conviction -- Sentencing

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    (a)    On conviction of a violation of § 3–304, § 3–306, § 3–307, § 3–310, or § 3–312 of this subtitle, a person is subject to imprisonment not exceeding life if the person has been convicted on a prior occasion not arising from the same incident:

        (1)    of any violation of § 3–303, § 3–304, § 3–305, or § 3–306 of this subtitle as the sections existed before October 1, 2017; or

        (2)    in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute a violation of § 3–303, § 3–304, § 3–305, or § 3–306 of this subtitle as the sections existed before October 1, 2017.

    (b)    If the State intends to proceed against a person under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.


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