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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1688 SEPTEMBER TERM, 1996

Clarence Elmer Ross v. State of Maryland

Hollander, Sonner, Fischer, Robert F.(Ret'd, specially assigned), JJ.

Opinion by Fischer, Robert F.

Filed: September 24, 1997

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Appellant, Clarence Elmer Ross, Jr., was convicted by a jury sitting in the Circuit Court for Prince George's County of possession of cocaine with intent to distribute and possession of cocaine. He was sentenced to ten years incarceration, to be served without the possibility of parole, for the possession with intent conviction and into which the possession conviction was merged. Appellant noted a timely appeal and presents three questions for our review: I. Did the trial judge err in denying appellant's motion to dismiss for a violation of Md. Code (1957, 1996 Repl. Vol.), Art. 27,

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