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MARVIN MANDEL, Governor 373
REVISOR'S NOTE; The first paragraph is essentially
Art. 5, §24. The second is Art. 5, §11.
Although Md. Rule 816 provides that the
filing of an order for appeal from a decision
dealing with issues sent from an orphans'
court shall operate as a stay, it only so
operates to the extent provided by Art. 5,
§24. Thus, it is necessary to preserve the
substance of this section. Because of
similar language in Rule 817 (on direct
appeal from orphans' court, judgment not
stayed by filing supersedeas bond except to
extent provided by Art. 5, §11) it is also
necessary to retain the substance of §11.
The only other changes made are in style.
(B) APPEAL FROM COURT SITTING AS A JUVENILE
COURT. AN APPEAL FROM THE JUDGMENT OF A JUVENILE
COURT, INCLUDING THE DISTRICT COURT, IN THE EXERCISE
OF ITS JUVENILE JURISDICTION IN MONTGOMERY COUNTY, AND
WITH RESPECT TO A CHILD, DOES NOT STAY THE FINAL
JUDGMENT APPEALED FROM, NOR DOES IT DISCHARGE THE
CHILD FROM CUSTODY OF A PERSON, INSTITUTION, OR AGENCY
TO WHOSE CARE THE CHILD HAS COMMITTED BY THE COURT.
THE APPELLATE COURT MAY AUTHORIZE A STAY, ON
APPLICATION AND HEARING, IF IT FINDS THAT SUITABLE
PROVISION IS MADE FOR THE CARE AND CUSTODY OF THE
CHILD.
REVISOR'S NOTE: This subsection combines portions
of Art. 26, §§70-25 and 87.
SEC. 12-702. SENTENCES FOLLOWING APPEALS.
(A) REMAND FOR SENTENCE - MANDATORY CREDIT FOR
TIME SERVED.
IF AN APPELLATE COURT REMANDS A CRIMINAL CASE TO A
LOWER COURT IN ORDER THAT THE LOWER COURT MAY
PRONOUNCE THE PROPER JUDGMENT OR SENTENCE, THE LOWER
COURT SHALL DEDUCT FROM THE TERM OF THE NEW SENTENCE
THE TIME SERVED BY THE DEFENDANT UNDER THE PREVIOUS
SENTENCE FROM THE DATE OF HIS CONVICTION. IF THE
PREVIOUS SENTENCE WAS A STATUTORY MAXIMUM SENTENCE,
THE LOWER COURT ALSO SHALL GIVE CREDIT FOR ANY PERIOD
OF INCARCERATION PRIOR TO THE PREVIOUS SENTENCE, IF
THE INCARCERATION WAS RELATED TO THE OFFENSE FOR WHICH
THE SENTENCE WAS IMPOSED.
REVISOR'S NOTE: The first sentence is Art. 5, §17,
with minor editorial changes, except that the
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