3530

VETOES

(4) (3) (I) THE STATE OR THE DEFENDANT MAY
APPEAL, IN A CASE INVOLVING A CRIME OF VIOLENCE AS DEFINED
IN ARTICLE 27, § 643B, FROM A DECISION OF A CIRCUIT COURT
THAT EXCLUDES EVIDENCE OFFERED BY THE STATE OR REQUIRES THE
RETURN OF PROPERTY ALLEGED TO HAVE BEEN SEIZED IN VIOLATION
OF THE CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION
OR DECLARATION OF RIGHTS OF MARYLAND.

(II)  THE APPEAL SHALL BE MADE BEFORE
JEOPARDY ATTACHES TO THE DEFENDANT. HOWEVER, IN ALL CASES
THE APPEAL SHALL BE TAKEN NOT MORE THAN 15 DAYS AFTER THE
DECISION HAS BEEN RENDERED AND SHALL BE DILIGENTLY
PROSECUTED.

(III)  BEFORE TAKING THE APPEAL, THE STATE
SHALL CERTIFY TO THE COURT THAT THE APPEAL IS NOT TAKEN FOR
PURPOSES OF DELAY AND THAT THE EVIDENCE EXCLUDED OR THE
PROPERTY REQUIRED TO BE RETURNED IS SUBSTANTIAL PROOF OF A
MATERIAL FACT IN THE PROCEEDING. WITHIN 120 DAYS AFTER THE
APPEAL IS FILED, THE APPEAL SHALL BE HEARD AND THE DECISION
RENDERED ON THE APPEAL THE APPEAL SHALL BE HEARD AND THE
DECISION RENDERED WITHIN 120 DAYS OF THE TIME THAT THE
RECORD ON APPEAL IS FILED IN THE APELLATE COURT AND IN ANY
CERTIORARI PROCEEDING ON THE APPEAL; OTHERWISE, THE DECISION
OF THE TRIAL COURT SHALL BE FINAL.

(IV)  IF THE STATE APPEALS ON THE BASIS OF
THIS PARAGRAPH, AND IF ON FINAL APPEAL THE DECISION OF THE
TRIAL COURT IS AFFIRMED, THE CHARGES AGAINST THE DEFENDANT
SHALL BE DISMISSED IN THE CASE FROM WHICH THE APPEAL WAS
TAKEN. IN THAT CASE, THE STATE MAY NOT PROSECUTE THE
DEFENDANT ON THOSE SPECIFIC CHARGES AND ANY OTHER RELATED
CHARGES ARISING OUT OF THE SAME INCIDENT.

(5) (V) PENDING THE PROSECUTION AND
DETERMINATION OF AN APPEAL TAKEN UNDER PARAGRAPHS (2) (1) OR
(4) (3) OF THIS SUBSECTION, THE DEFENDANT SHALL BE RELEASED
ON PERSONAL RECOGNIZANCE BAIL. IF THE DEFENDANT FAILS TO
APPEAR AS REQUIRED BY THE TERMS OF THE RECOGNIZANCE BAIL,
THE TRIAL COURT SHALL SUBJECT THE DEFENDANT TO THE PENALTIES
PROVIDED IN ARTICLE 27, § 12B.

(6) (VI) IF THE STATE LOSES THE APPEAL, THE

STATE SHALL PAY ALL THE COSTS RELATED TO THE APPEAL,

INCLUDING REASONABLE ATTORNEY FEES INCURRED BY THE DEFENDANT
AS A RESULT OF THE APPEAL.

(4) (I) THE DEFENDANT MAY APPEAL, IN A CASE
INVOLVING A CRIME OF VIOLENCE AS DEFINED IN ARTICLE 27, §
643B, FROM A PRETRIAL DECISION OF A CIRCUIT COURT THAT
ADMITS EVIDENCE OFFERED BY THE STATE, OR REFUSES TO REQUIRE
THE RETURN OF PROPERTY ALLEGED TO HAVE BEEN SEIZED IN
VIOLATION OF THE CONSTITUTION OF THE UNITED STATES OR THE
CONSTITUTION OR DECLARATION OF RIGHTS OF MARYLAND.