Offenses Merge Theory Cases Attempted Robbery merges Yes Blockburger Newton v. State, 280 Md. 260, into Felony Murder White v. State, 300 Md. 719, Robbery w/ deadly weapon Yes Blockburger Humphrey v. State 39 Md. App. merges into Felony Murder 484, Carlton v. State, 111 Md. App. 436, Frye v. State, 37 Md. App. 476 Attempted Robbery w/ Yes Blockburger Higginbotham v. State 104 Md. dangerous & deadly weapon App. 145 merges into Felony Murder Battery merges into Felony Yes Blockburger Oliver v. State, 53 Md. App. 490 Murder Robbery merges into Armed Yes Blockburger Gerald v. State 299 Md. 138 , Robbery Sweetwine v. State 42 Md. App. 1, Souffie v. State 50 Md. App. 547, Thompson v. State, 119 Md. App. 606 Assault merges into Assault w/ Yes Blockburger Simms v. State 288 Md. 712, intent to rob. Manigualt v. State, 61 Md. App. 271 Assault merges into Robbery Yes Blockburger Snowden v. State 321 Md. 612 1st Degree Assault merges into Yes Blockburger Gerald v. State, 137 Md. App. Robbery 295 1st Degree Assault merges into Yes Blockburger Thompson v. State, 119 Md. Armed robbery App. 606 Felony Theft merges into Yes Lenity Spitzinger v. State, 340 Md. 114 Robbery Attempted Robbery merges Yes Blockburger State v. Taylor 329 Md. 671 into Assault w/ intent to rob Assault w/ intent to Rob Yes Blockburger Rose v. State 37 Md. App. 388 merged into Robbery Robbery w/ deadly weapon No Couplin v. State 37 Md. App. and Use of handgun in 567 commission of a crime of violence Assault w/ intent to rob and No Irby v. State, 66 Md. App. 580 Attempted Robbery w/ deadly weapon Assault w/ intent to murder and No Johnson v. State, 56 Md. App. Attempted Armed Robbery 205 Conspiracy to rob and No Wooten-Bey v. State, 76 Md. Attempted Robbery w/ App. 603 dangerous weapon Wearing or Carrying concealed No Selby v. State, 76 Md. App. 201 weapon w/ intent to injure and Robbery w/ dang. or deadly weapon Robbery w/ a dang. and deadly No Whack v. State, 288 Md. 137, weapon and Use of a handgun Stevenson v. State, 43 Md. App. in commission of a felony 120 Robbery w/ dang. and deadly No Frye v. State, 37 Md. App. 476 weapon and Premeditated 1st Degree Murder Carrying dangerous Weapon Yes Lenity Somers v. State, 156 Md. App. w/ intent to injure merges into 279 Robbery w/ dangerous weapon Battery merges into Robbery Yes Blockburger Snowden v. State 321 Md. 612, Adams v. State, 86 Md. App. 377 Battery merges into Murder Yes Blockburger Souffie v. State 50 Md. App. 547 Battery merges into Rape Yes Blockburger Dyson v. State 89, Md. App. 651 Assault by threat does not No Lamb v. State 93 Md. App. 422 merge into battery Battery merges into False Yes Blockburger Lamb v. State 93 Md. App. 422 Imprisonment Battery merges into 4th Degree Yes Blockburger Cortez v. State, 104 Md. App. Sex Offense 358

Battery merges into 3rd Degree Yes Blockburger Biggus v. State, 323 Md. 339 sex offense Battery merges into Assault w/ Yes Blockburger Claggett v. State, 108 Md. App. intent to prevent lawful 32 apprehension Battery merges into Affray Yes Blockburger Lewis v. State, 289 Md. 1 Theft over $300 merges into Yes Lenity Jackson v. State, 141 Md. App. Robbery 175 Theft over $300 merges into Yes Lenity Bellamy v. State, 119 Md. App. Robbery w/ deadly weapon 296 Misdemeanor Theft merges Yes Blockburger Younger v. State, 94 Md. App. into Felony theft. 644 Theft merges into storehouse Yes Blockburger Goines v. State 89 Md. App. breaking and stealing 104, Warfield v. State, 76 Md. App. 141 Theft does not merge into No Legislative Price v. State, 111 Md. App. 487 carjacking Intent False pretenses merges into Yes Blockburger Johnson v. State, 283 Md. 196 Welfare Fraud Assault merges into Affray Yes Blockburger Lewis v. State, 289 Md. 1 1st Degree Assault merged into Yes Blockburger Sifrit v. State 383 Md. 116 2nd Degree Murder 2nd Degree assault merges into Yes Blockburger Cooper v. State, 128 Md. App. Resisting Arrest 257 Simple assault merges into Yes Blockburger Johnson v. State 310 Md. 681, Assault w/ intent to maim Jenkins v. State 59 Md. App. 612 Assault by threat does not No Lamb v. State 93 Md. App. 422 merge into battery Assault merges into 2nd degree Yes Blockburger State v. Allewalt 308 Md. 89, Rape Dyson v. State 89, Md. App. 651 Assault merges into attempted Yes Blockburger Walker v. State 53 Md. App. 171 rape when the assault is also the overt act of the attempt Assault w/ intent to murder and No Brooks v. State, 284 Md. 416 carrying a weapon openly w/ intent to injure Battery merges into Assault w/ Yes Blockburger Claggett v. State, 108 Md. App. intent to prevent lawful 32 apprehension 3rd degree sex offense and No Dillsworth v. State 308 Md. 354 assault w/ intent to maim Assault w/ intent to maim Yes Lenity State v. Jenkins 307 Md. 501 merges into Assault w/ intent to murder 1st Degree Assault (when Yes Blockburger Dixon v. State, 364 Md. 209 intentionally causing or attempting to cause serious physical injury) merges into attempted voluntary manslaughter Reckless Endangerment Yes Blockburger Williams v. State, 100 Md. App. merges into Assault w/ intent 468 to maim Larceny merges into Yes Blockburger Slye v. State 42 Md. App. 520 Shoplifting Unlawful taking of Motor Yes Lenity McGrath v. State, 356 Md. 20 Vehicle merges into Theft under $300 Fraudulent misappropriation Yes Lenity White v. State, 100 Md. App. 1 by fiduciary merges into theft over $300 Unauthorized Use merges into Yes Blockburger Allen v. State, 157 Md. App. 177 Theft over $500 Embezzlement by fiduciary Yes Lenity State v. Burroughs 333 Md. 614 merges into theft by deception Possession of Marijuana Yes Blockburger Mauk v. State, 91 Md. App. 456 merges into Possession w/ intent to distribute marijuana Possession w/ intent to Yes Blockburger Hankins v. State, 80 Md. App. distribute merges into 647, Manuel v. State 85 Md. distribution App. 1, Hawkins v. State, 77 Md. App. 338 Possession w/ intent to Yes Blockburger Simpson v. State, 121 Md. App. distribute merges into 263 Possession w/ intent to distribute 28 grams Unlawful Distribution of LSD Yes Blockburger Anderson v. State, 89 Md. App. merged into Distribution of 712 1,000 dosage units of LSD Conspiracy to distribute No Wadlow v. State 335 Md. 122 cocaine and Possession w/ intent to distribute cocaine Possession w/ intent to No Spiering v. State 58 Md. App. 1 distribute CDS and Manufacturing CDS Conspiracy to distribute No Murray v. State, 89 Md. App. cocaine and Distribution of 626, Harris v. State, 82 Md. App. Cocaine 450, Cooper v. State, 128 Md. App. 257 Manufacturing drugs and No Baldwin v. State, 56 Md. App. possessing drugs sufficient to 529 indicate manufacture or dispensing, and making it unlawful to maintain premises to use, make or store drugs. Use of firearm in relation to No Johnson v. State, 154 Md. App. drug trafficking and 286 Wear/Carry/Transport handgun False Imprisonment merges Yes Blockburger Testerman v. State, 61 Md. App. into Rape 257 Unnatural or perverted sexual Yes Blockburger State v. Lancaster 332 Md. 385 practice merges w/ 4th degree sex offense 1st Degree Burglary merges Yes Blockburger Utter v. State, 139 Md. App. 43 into 1st Degree Attempted Rape Battery merges into Rape Yes Blockburger Dyson v. State 89, Md. App. 651 Battery merges into 3rd Degree Yes Blockburger Biggus v. State, 323 Md. 339 sex offense Battery merges into 4th Degree Yes Blockburger Cortez v. State, 104 Md. App. Sex Offense 358

3rd degree sex offense and No Dillsworth v. State 308 Md. 354 assault w/ intent to maim 4th Degree Burglary and 2nd No Fenwick v. State, 135 Md. App. Degree Rape 167

Carrying dangerous weapon No Biggus v. State, 323 Md. 339 and 3rd Degree Sex Offense Carring weapon openly w/ No Nance v. State, 77 Md. App. 259 intent to injure and 1st Degree Rape and 1st Degree Sex Offense 2nd Degree Rape and Incest No Smith v. State, 62 Md. App. 670 Carrying weapon openly w/ No Burkett v. State, 98 Md. App. intent to injure and 2nd Degree 459 sex offense Assault merges into 2nd degree Yes Blockburger State v. Allewalt 308 Md. 89, Rape Dyson v. State 89, Md. App. 651 Child Abuse and any No Legislative Rutherford v. State, 2004 WL underlying sexual offenses Intent 2965849 (Md. App.) Assault merges into attempted Yes Blockburger Walker v. State 53 Md. App. 171 rape when the assault is also the overt act of the attempt Rape and Sex offense and No Rutherford v. State, 2004 WL Child Abuse 2965849 Use of firearm in relation to No Johnson v. State, 154 Md. App. drug trafficking and 286 Wear/Carry/Transport handgun Unlawfully carrying handgun No Johnson v. State, 67 Md. App. and Poss. of handgun by one 347 previously convicted of crime of violence Robbery w/ a dang. and deadly No Whack v. State, 288 Md. 137, weapon and Use of a handgun Stevenson v. State, 43 Md. App. in commission of a felony 120 Assault w/ intent to murder and Yes Lenity Green v. State, 79 Md. App. 506 Assault w/ intent to avoid apprehension merge into attempted murder Assault w/ intent to murder Yes Lenity Smallwood v. State, 106 Md. merges into attempted 2nd App. 1 Degree Murder Assault w/ intent to Murder Yes Lenity Williams v. State, 323 Md. 312 merges into Attempted Murder Assault w/ intent to Murder Not under (see Green, Brown v. State, 80 Md. App. and Attempted 1st Degree Blockburger Williams, 187, State v. Holmes 310 Md. Murder above) 260 1st Degree Murder and Use of No Robeson v. State 39 Md. App. Handgun in commission of 365 crime of violence Use of handgun in crime of No Godwin v. State 41 Md. App. violence and Kidnapping 233 Use of handgun in crime of No Godwin v. State 41 Md. App. violence and Murder 233 Unauthorized use of handgun No White v. State, 300 Md. 719 and murder Carrying handgun and No Frazier v. State 318 Md. 597 Possessing revolver after being convicted of crime of violence Assault w/ intent to murder and No Brooks v. State, 284 Md. 416 Carrying a weapon openly w/ intent to injure Carrying and Wearing a Yes Lenity Tilghman v. State, 117 Md. App. handgun merges into Use of 542 handgun in commission of crime of violence Unlawfully Yes Lenity Hunt v. State, 312 Md. 494 wearing/carrying/transporting a handgun merges into use of a handgun in the commission of a crime of violence Wearing or carrying a handgun Yes Blockburger Wilkins v. State 343 Md. 444 merges into Using handgun in commission of felony Wearing or Carrying concealed No Selby v. State, 76 Md. App. 201 weapon w/ intent to injure and Robbery w/ dang. or deadly weapon Robbery w/ deadly weapon No Couplin v. State 37 Md. App. and Use of handgun in 567 commission of a crime of violence Carrying dangerous Weapon Yes Lenity Somers v. State, 156 Md. App. w/ intent to injure merges into 279 Robbery w/ dangerous weapon Carrying weapon openly w/ No Burkett v. State, 98 Md. App. intent to injure and 2nd Degree 459 sex offense Carring weapon openly w/ No Nance v. State, 77 Md. App. 259 intent to injure and 1st Degree Rape and 1st Degree Sex Offense Child detention outside state Yes Blockburger Khalifa v. State, 382 Md. 400 merges into Child detention outside U.S. Child Abuse merges into Yes Lenity White v. State, 318 Md. 740 murder. Child Abduction and Child No Khalifa v. State, 382 Md. 400 Detention Conspiracy to Child detention No Khalifa v. State, 382 Md. 400 and Child detention Child Abuse and any No Legislative Rutherford v. State, 2004 WL underlying sexual offenses Intent 2965849 (Md. App.) 3rd Degree sex offense merges Yes (at the Blockburger Vogel v. State 76 Md. App. 56 into Child abuse when child time, see abuse consists of child sexual Rutherford, abuse above) Child Abuse and Battery No Campbell v. State 65 Md. App. 498 2nd Degree Murder merges into Yes Blockburger Moore v. State 84, Md. App. 1st Degree Murder 165, Harris v. State, 862 A.2d 516 1st Degree Assault (when using Yes Lenity Jenkins v. State, 146 Md. App. a firearm) merges into 1st 83 Degree Murder 1st Degree Assault merged into Yes Blockburger Sifrit v. State 383 Md. 116 2nd Degree Murder 1st Degree Assault (when Yes Blockburger Dixon v. State, 364 Md. 209 intentionally causing or attempting to cause serious physical injury) merges into attempted voluntary manslaughter Assault w/ intent to murder and No Brooks v. State, 284 Md. 416 carrying a weapon openly w/ intent to injure Solicitation of murder merges Yes Blockburger Lewis v. State, 285 Md. 705 into Accessory before the fact to murder Kidnapping and 1st Degree No Godwin v. State 38 Md. App. Murder (when evidence of 716 willfulness deliberation and premediatation was presented) 1st Degree Assault merged into Yes Blockburger Sifrit v. State 383 Md. 116 2nd Degree Murder Use of handgun in crime of No Godwin v. State 41 Md. App. violence and Murder 233 1st Degree Murder and Use of No Robeson v. State 39 Md. App. Handgun in commission of 365 crime of violence Engaging in Speed Contest Yes Blockburger Pineta v. State, 98 Md. App. 614 merges into Reckless Driving Reckless Driving merges into Yes Blockburger Pineta v. State, 98 Md. App. 614 Manslaughter by automobile Driving with suspended license Yes Lenity Jones v. State 357 Md. 141 and Driving w/ revoked license (when arising from single incident) Speeding and Engaging in No Pineta v. State, 98 Md. App. 614 speeding contest Aggressive panhandling Yes Lenity Miles v. State, 349 Md. 215 merges into battery (local ordinance always merges into state statute) 1st Degree Arson and Reckless No Holbrook v. State, 364 Md. 354 Endangerment Reckless Endangerment Yes Blockburger Williams v. State, 100 Md. App. merges into Assault w/ intent 468 to maim Disorderly conduct merges into Yes Blockburger Lewis v. State, 289 Md. 1 Affray Solicitation merges into Yes Fundamental Monoker v. State, 321 Md. 214 Conspiracy Fairness Multiple Conspiracies merge Yes Allen v. State 89 Md. App. 25, together (only one sentence Simpson v. State, 121 Md. App. can be imposed for common 263, Holt v. State, 129 Md. App. law conspiracy no matter how 194, Vandegrift v. State 82 Md. many criminal acts the App. 617 conspirators have agreed to commit; unit of prosecution is the agreement or combination rather than each of its criminal objectives) Conspiracy to rob and No Wooten-Bey v. State, 76 Md. Attempted Robbery w/ App. 603 dangerous weapon Conspiracy to Child detention No Khalifa v. State, 382 Md. 400 and Child detention Separate solicitations don’t No Meyer v. State, 47 Md. App. 679 merge if there are separate incitements. Solicitation of murder merges Yes Blockburger Lewis v. State, 285 Md. 705 into Accessory before the fact to murder