
    RICHARD THOMAS PHELAN v. STATE OF MARYLAND
    [No. 109,
    September Term, 1982.]
    
      Decided October 29, 1982.
    
    The cause was submitted to Murphy, C. J., and Smith, Eldridge, Cole, Davidson, Rodowsky and Couch, JJ.
   Per Curiam:

The petition for writ of certiorari having been granted, the case of Richard Thomas Phelan v. State is remanded to the Circuit Court for Montgomery County, without affirmance or reversal, for reconsideration in light of Diehl v. State, 294 Md. 466, 451 A.2d 115 (1982).

Case remanded to the Circuit Court for Montgomery County, without afGrmance or reversal, for further proceedings.  