BUSCEMI v. WARDEN

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. 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.

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, and Beard v. Warden, 211 Md. 658, which dispose of the point. Cf. Buscemi v. Warden, 215 Md. 620.