MARVIN MANDEL, Governor                                     365

Par. (14) Art- 59

Paragraphs (16) and (17) in subsection (a)
are based on new language added by Ch. 361,
Acts of 1972. Paragraph (6) reflects Ch.
392, Acts of 1972. Subsection (a) presently
appears as Art. 5, §5C(b) and subsection (b)
is §5D (a). Both were added by Ch. 56, Acts
of 1973. The only other changes made are in
style.

SUBTITLE 4. REVIEW OF DECISIONS OF DISTRICT COURT.

SEC. 12-401. (A) RIGHT OF APPEAL IN GENERAL. A
PARTY IN A CIVIL CASE OR THE DEFENDANT IN A CRIMINAL
CASE MAY APPEAL FROM A FINAL JUDGMENT ENTERED IN THE
DISTRICT COURT. IN A CRIMINAL CASE, THE DEFENDANT MAY
APPEAL EVEN THOUGH IMPOSITION OR EXECUTION OF SENTENCE
HAS BEEN SUSPENDED.

REVISOR'S NOTE: This new subsection provides the
basic appeal rights now contained in Art. 26,
§156, as re-enacted by Ch. 181, Acts of 1972.

The last sentence follows the last sentence
of §12-301; see also Art. 5, §30 (a) as
re-enacted by Ch. 181, Acts of 1972. The
references to appeals after a nolo contendere
plea and after a plea of guilty are both
omitted. The §12-101(f) definition of "final
judgment" specifically includes a sentence,
which would include a sentence imposed after
a nolo plea or after a guilty plea. Hence,
the specific references seem unnecessary.
The reference to traffic cases now included
in Art. 26, §156 has been eliminated by
reason of the definition of "criminal case"
appearing in §12-101 (e).

(B) TIME FOR APPEAL.

(1)    EXCEPT AS PROVIDED IN PARAGRAPH (2), AN
APPEAL SHALL BE TAKEN BY FILING AN ORDER FOR APPEAL
WITH THE CLERK OF THE DISTRICT COURT WITHIN 30 DAYS
FROM THE DATE OF THE FINAL JUDGMENT FROM WHICH
APPEALED.

(2)    IF THE FINAL JUDGMENT WAS ENTERED IN A
CASE PILED UNDER §§ 8-331, 8-401, 8-402, OR 14-109 OF
ARTICLE 21 OF THE CODE, THE ORDER FOR APPEAL SHALL BE
FILED WITHIN THE TIME PRESCRIBED BY THE PARTICULAR