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Terms Used In Maryland Code, CRIMINAL LAW 3-313

  • Conviction: A judgement of guilt against a criminal defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) On conviction of a violation of § 3-304, § 3-307, or § 3-310 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 or § 3-304 of this subtitle, or § 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 § 3-303or § 3-304 of this subtitle, or § 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.