Merger of common law misdemeanor in statutory felony prohibited

  1. Law
  2. Maryland Code
  3. Criminal Procedure
  4. Pretrial Procedures
  5. Charging Procedures and Documents
  6. Merger of common law misdemeanor in statutory felony prohibited

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    If a statute makes a felony of a crime that is a misdemeanor at common law, a charging document:

        (1)    may not merge the misdemeanor in the felony; but

        (2)    may contain counts for the felony and for the misdemeanor.


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