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1043
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HARRY HUGHES, Governor
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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Article - Courts and Judicial Proceedings
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12-702.
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(c) If a defendant who appeals from a conviction in the
District Court is convicted after a trial de novo on appeal, the
appellate court [_may impose any sentence authorized by law to
be imposed as punishment for the offense, [ or it may impose ]
INCLUDING a sentence: more severe than that imposed in the
District Court [ but only under the conditions prescribed in
subsection (b)]. THE CONDITIONS PRESCRIBED IN SUBSECTION (B) OF
THIS SECTION DO NOT APPLY TO A SENTENCE IMPOSED UNDER SUBSECTION
(C). MAY IMPOSE A MORE SEVERE SENTENCE THAN THAT IMPOSED IN THE
DISTRICT COURT, BUT IF THE CASE IS ONE IN WHICH THE DEFENDANT WAS
DENIED A JURY TRIAL UNDER § 4-302(D)(II) OF THIS ARTICLE, THE
SENTENCE MAY NOT BE FOR MORE THAN 90 DAYS EXCEPT UNDER THE
CONDITIONS PRESCRIBED IN SUBSECTION (B). EXCEPT AS PROVIDED
ABOVE, THE APPELLATE COURT MAY IMPOSE ANY SENTENCE AUTHORIZED BY
LAW TO BE IMPOSED AS PUNISHMENT FOR THE OFFENSE.
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SECTION 2. AND BE IT FURTHER ENACTED, That the amendments
to Section 12-702 of the Courts and Judicial Proceedings Article
contained in this Act do not apply to any case in which an appeal
was noted in the District Court on or before June 30, 1983.
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
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Approved May 24, 1983.
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CHAPTER 295
(Senate Bill 540)
AN ACT concerning
Courts and Judicial Proceedings - Application for Leave to
Appeal Following Guilty Plea
FOR the purpose of providing that review of a final judgment
entered after acceptance of a guilty plea in a trial court
of general jurisdiction Circuit Court is reviewable only by
application for leave to appeal; and limiting further review
in these cases.
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BY repealing and reenacting, with amendments,
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