BUSCEMI v. WARDEN, 220 Md. 659 (1959)

152 A.2d 824

BUSCEMI v. WARDEN OF MARYLAND HOUSE OF CORRECTION

[P.C. No. 3, September Term, 1959 (Adv.).]Court of Appeals of Maryland.
Decided July 6, 1959.

POST CONVICTION PROCEDURE ACT — Narcotics Conviction — Sentence as Second Offender — Statute Enacted Subsequent to First Conviction. A claim under the Post Conviction Procedure Act by one convicted as a narcotics offender, that his sentence as a second offender was illegal, because Code (1957), Art. 27, sec.

Page 660

300, was enacted subsequent to his first conviction, was disposed of in previous cases cited by the Court. p. 660

J.E.B.

Decided July 6, 1959.

Salvatore Buscemi instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application denied.

Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

PER CURIAM.

Application for leave to appeal is denied for the reasons set out in the opinion of the court below. On the first point, that his sentence as a second offender was illegal, because Code (1957), Art. 27, § 300, was enacted subsequent to his first conviction in 1949, see also Taylor v. Warden, 213 Md. 646, an Beard v. Warden, 211 Md. 658, which dispose of the point. Cf Buscemi v. Warden, 215 Md. 620.