Poole V. Maryland

Subsequent to our reversal of the conviction of Timothy Clyde Poole*fn1 of premeditated murder (of David C. MacLarty), felony murder (of Steven Scott Horad), robbery with a dangerous weapon and use of a handgun in a crime of violence, for which the death penalty was imposed by a jury in the Circuit Court for Calvert County, he was retried, on our remand, by a jury in the Circuit Court for Charles County. Again, the appellant was convicted for the same offenses and, again, the death penalty was imposed. Upon our legislatively mandated automatic review,*fn2 we shall reverse the appellant's conviction of felony murder of Steven Horad and use of a handgun in a crime of violence. In addition, we shall affirm the remaining convictions, but vacate the sentence of death for MacLarty's murder and remand for a new sentencing proceeding consistent with the provisions of Maryland Code (1957, 1982 Repl. Vol.), Article 27, § 413.