2524

LAWS OF MARYLAND

Ch. 657

12-401.

(a)  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 State may
appeal from a final judgment if the State alleges that the
trial judge failed to impose the sentence specifically
mandated by the Code. In a criminal case, the defendant may
appeal even though imposition or execution of sentence has
been suspended.

(b)  A defendant who has been found guilty of a
municipal infraction, as defined in Article 23A, Section
3(b)(1) of the Code, may appeal from the final judgment
entered in the District Court. The costs and procedures for
taking the appeal shall be as provided for appeals from
criminal cases in the District Court. Except, however, as
provided in subsection (d) of this section, the appellate
court shall docket and hear the appeal as a civil appeal
from the District Court.

(c)  (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
filed under Sections 8-332, 8-401, 8-402, or 14-109 of the
Real Property Article of the Code, the order for appeal
shall be filed within the time prescribed by the particular
section.

(d)  In a civil case in which the amount in controversy
exceeds [$500] $1,000 exclusive of interest and costs, and
in any case in which the parties so agree, an appeal shall
be heard on the record made in the District Court. In
every other case, including a criminal case in which
sentence has been imposed or suspended following a plea of
nolo contendere or guilty, and an appeal in a municipal
infraction case, an appeal shall be tried de novo.

(e)  In a criminal appeal that is tried de novo, there
is no right to a jury trial unless the offense charged is
subject to a penalty of imprisonment or unless there is a
constitutional right to a jury trial for that offense.

SECTION 2. AND BE IT FURTHER ENACTED, That the passage
of this Act is contingent upon the passage of H.B. 931
(llr2272) of 1981. Should that measure fail of enactment,
the provisions of this Act are null and void without the
need of further action by the General Assembly.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July January 1, 1981 1982.